Wrongful death claims are personal injury cases where civil actions are brought by the surviving family members of a decedent who passed away prematurely because of the negligent actions of another. These careless actions are the underpinnings of the case. Additionally, these actions are meant to compensate the living members of the family, not the decedent. Courts do take into account the pain and suffering of the decedent, but they are part of the overall picture.
There are actually two types of cases in this area: wrongful death and survival actions. Wrongful death actions are meant to compensate the survivors for damages such as the loss of emotional, financial, and other support they had been contributing to the household. Survival actions, on the other hand, pay for damages suffered specifically by the victim as a result of the defendant’s actions. This includes pain and suffering, medical bills, and other damages between the time of injury and death. These damages are paid to the estate, which is then funneled to the beneficiaries anyway.
Wrongful death lawsuits are particularly difficult because, in the face of such a tragedy, families and loved ones must pick up the pieces of their life despite their grief and soldier on through the legal system. This is what we are here for, to support and guide you through this process. If you have recently experienced a loss and are looking for an attorney to represent your loved one, please contact us at Hillyard, Anderson, & Olsen.