A Wrongful Death claim can be made anytime a person dies as a result of another's negligence. Although a death can be cause by various types of incidents, there are some specific issues that are involved with this type of claim. At Rosenbaum & Associates we want to make sure that the family is compensated for all their losses, both emotional and financial. We understand that this is a difficult and emotional time. We want to protect your rights and make sure your family does not have to endure an additional hardship. We have successfully helped many families who have lost loved ones, and provided them with financial security.

What can my family recover?

Recovery for wrongful death is created by state statute. The purpose is to compensate the decedent's survivors for pecuniary loss they have sustained as result of a family member's death. That is, loss suffered by the relatives as a result of the deprivation of the part of the earnings of the deceased that the relatives would have received from the deceased if he lived. This includes money that the deceased would spend or give to his or her family for housing, food, clothes, health care, education, recreation, entertainment, and gifts. In addition, there is recovery for the value of the services, society and comfort that they would have given to the family had the lived, including work around the home; provision of physical comforts, services, and companionship.

Who can recover?

For purposes of determining whether parent or child can maintain an action under the Wrongful Death Act, a "family relation" exists between parent and child when the child receives from parent services, maintenance or gifts with such reasonable frequency as to lead to expectation of future enjoyment of these services, maintenance or gifts.

The Survival Action

In addition to claim under the wrongful Act there is a separate claim known as a survival action. In this claim there can be recovery for damages which the deceased could have sued for in his lifetime, this includes pain and suffering of the deceased prior to death, the cost of medical, nursing and hospital care, the gross loss of the deceased's earning power from the date of injury until death, and loss of earning power less personal maintenance expenses from the time of death through the remainder of the deceased's estimated life expectancy. Recovery is not permitted for loss of the enjoyment of life, or shortening of life expectancy.

Who is entitled to make a survival claim?

Survival action is an action belonging to the estate of the decedent for damages suffered by the decedent prior to his death or suffered by his estate. Therefore, the action is brought by a representative (administrator) of the estate. Damages recovered under a survival action belong to the estate, and are subject to estate and inheritance taxes and the claims of decedent's creditors, and pass according to the terms of the decedent's will, or according to the intestate laws if he died intestate (without a will).

Proving Damages

Damages for wrongful death require the plaintiff prove expected lifespan of the deceased, future earnings, estimated cost to maintain the decedent, and any amount that would have been given to his or her beneficiaries. Economists or actuaries tend to be used to analyze and calculate any damages.

If you would like more information please contact us online or call 1 800 7 LEGAL 7 for a Free Case Evaluation.