Wrongful death is a term used in the civil context of the law when someone or something was the cause of someone’s death. The legislature has defined wrongful death as “the death of a person, injuries resulting in death shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages.”
In order to pursue a wrongful death claim, a personal representative must be appointed by the probate court who is then an authorized representative of the estate of the deceased. The personal representative is then the named party in the lawsuit on behalf of the deceased against the party that is responsible for the death. In a wrongful death action, damages include medical, lost wages, funeral, burial, pain and suffering, lost of consortium, loss of society and companionship, and loss of financial support and future earnings. Generally, the only other party that may be a Plaintiff is a wrongful death action is the deceased spouse who would have a claim for loss of consortium. Loss of consortium is defined as the inability of the surviving spouse to have normal marital relations. A spouse is entitled to monetary damages for such a loss. A spouse cannot bring a loss of consortium claim on his or her own but must bring it as part of the spouses claim.
The Abood Law Firm is experienced in pursuing wrongful death claims on behalf of its clients. Abood Law Firm understands the importance of determining the cause and manner of death associated with a deceased and working with the family and estate to pursue a claim and maximize the return to the clients. Experts are often necessary in wrongful death cases to both examine the cause of death and assist in the calculation of damages. The Abood Law Firm regularly works with experts to assist its clients in proving the case against the at fault party.
Prior cases of the Abood Law Firm include a 32 year old mother who lost her life as a passenger on a motorcycle; 85 year old mother who died while in the care of an adult foster care home; a wife who was killed when the at fault driver ran a stop sign.
In order to pursue a wrongful death claim, a personal representative must be appointed by the probate court who is then an authorized representative of the estate of the deceased. The personal representative is then the named party in the lawsuit on behalf of the deceased against the party that is responsible for the death. In a wrongful death action, damages include medical, lost wages, funeral, burial, pain and suffering, lost of consortium, loss of society and companionship, and loss of financial support and future earnings. Generally, the only other party that may be a Plaintiff is a wrongful death action is the deceased spouse who would have a claim for loss of consortium. Loss of consortium is defined as the inability of the surviving spouse to have normal marital relations. A spouse is entitled to monetary damages for such a loss. A spouse cannot bring a loss of consortium claim on his or her own but must bring it as part of the spouses claim.
The Abood Law Firm is experienced in pursuing wrongful death claims on behalf of its clients. Abood Law Firm understands the importance of determining the cause and manner of death associated with a deceased and working with the family and estate to pursue a claim and maximize the return to the clients. Experts are often necessary in wrongful death cases to both examine the cause of death and assist in the calculation of damages. The Abood Law Firm regularly works with experts to assist its clients in proving the case against the at fault party.
Prior cases of the Abood Law Firm include a 32 year old mother who lost her life as a passenger on a motorcycle; 85 year old mother who died while in the care of an adult foster care home; a wife who was killed when the at fault driver ran a stop sign.
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