wrongful death

Navigating the complexities of wrongful death law can be overwhelming. It’s crucial to work with an attorney who is not only knowledgeable but experienced in handling the unique procedures and nuances of these cases. At Moore Faust Injury Law Group, we specialize in wrongful death claims, having successfully represented many families in their pursuit of justice. Each state has its own wrongful death statutes, which determine who can file a claim and the types of damages that may be recovered.

Who Can File a Wrongful Death Claim?

In most states, only specific individuals are eligible to file a wrongful death claim. These typically include those who would be entitled to inherit from the deceased under state law. The primary claimants are:

• Surviving spouse
• Children and grandchildren
• Parents (if there are no children or spouse)

If these parties are unavailable, the next in line may include siblings, nieces, nephews, grandparents, or other direct descendants.

What Damages Can Be Recovered in a Wrongful Death Claim?

A successful wrongful death claim may result in three types of damages:

1. Loss of companionship and emotional support – including the love, affection, and moral support the deceased provided to the claimant.
2. Future household services – the value of the household contributions the decedent would have made if they were still alive.
3. Loss of financial support – compensation for the income or financial assistance the claimant would have received from the deceased.

What is a Survival Action?

A “survival action” is a separate legal action that allows the decedent’s estate to seek certain damages that the deceased could have claimed if they had survived, such as medical bills and lost income. However, claims for pain, suffering, and disfigurement generally do not survive the decedent’s death. In certain cases, the estate may still be able to pursue punitive damages, which can significantly increase the potential recovery.

The Challenges of a Wrongful Death Claim

Pursuing a wrongful death claim requires more than just legal knowledge—it also requires sensitivity, compassion, and a deep understanding of the damages that can be recovered. An experienced attorney will know how to work with experts to evaluate the full extent of your losses and fight for the justice you deserve.

Free, No-Obligation Consultation

If you’ve lost a loved one due to someone else’s negligence, don’t settle before speaking with a knowledgeable attorney. Contact Moore Faust Injury Law Group today for a free, no-obligation consultation. We’re here to help you through this difficult time. Learn more here on what to bring to your FREE consultation.