Wrongful Death Lawyers Explain How Claims Originate

Posted By : Aubrey Mead , on Dec, 2016


Whenever a loved one dies, it is not only an emotional situation, but also one that may lead to financial hardship. As a result, the law provides financially for family members when an entity or person is legally responsible for a victim’s death.

When a Wrongful Death Claim Is Commenced

Wrongful death lawyers in Joliet are called to handle civil actions that are brought by the survivors or the estate of an individual whose death was due to negligence or the intentional actions of another person or entity.

Each state has certain rules about the filing of wrongful death claims, including who can file for compensation. Usually, a personal representative of the deceased person or a family member can file the lawsuit. Each state also specifies what damages can be recovered.

Damages in Wrongful Death Suits

Wrongful death lawyers state that damages in wrongful death cases fall under two broad classifications. The first category allows for the recovery of damages experienced by a decedent from the time of the negligent act to the death itself. In the case of a car accident, this time span could cover hours or weeks. Damages in this category may include medical expenses, the decedent’s physical and mental pain and suffering, and funeral and burial costs.

The second classification of damages covers the losses experienced by the surviving family members after the death of the victim. Wrongful death lawyers explain that this particular category is intended to compensate family members for their financial losses.

Most laws indicate that the damages are meant to replace the value of the money the decedent would have made if he or she had not died in an untimely manner. It normally includes the lost wages that would have otherwise been earned up until the decedent’s expected retirement date.

You can browse our website at Block, Klukas, Manzella & Shell, P.C. for further details about making an appointment for a wrongful death consultation or another personal injury claim.

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