Who files a wrongful death claim?

Accidents can happen every day. Whether these accidents are car accidents or premises liability accidents, they can have a big effect on an individual and their loved ones. Victims of drunk drivers can be killed in these motor vehicle accidents. Individuals can slip and fall, hitting their heads and leading to trauma that may result in death. Unfortunately, there is always an opportunity for an accident to occur on a regular basis. When individuals suffer a death due to an accident, their families may wish to file a lawsuit. Their family has the right to do so. Although money cannot make up for the fact that a loved one has died, it can compensate for any services that loved ones may have for the deceased.

For incidents of wrongful death, the personal representative of the estate must file a wrongful death claim on behalf of the surviving spouse or domestic partner. If there is no surviving spouse or domestic partner, then the next in line would be children, parents or siblings. They are then able to file a suit. These claims can only be filed by certain individuals. Not all loved ones are able to reap the benefits of the lawsuit if compensation does occur.

What can I gain from this lawsuit?

Wrongful death lawsuits can provide compensation if they are won. Compensation can come in the form of damages, which are monetary payment for the result of the accident.This compensation can include medical expenses prior to death, pain and suffering of the deceased, lost wages for your loved one’s future economic earnings, mental anxiety and emotional distress suffered by family members, the value of the services for your loved one, the loss of guidance and counsel a parent would have provided to a child and the loss of support and companionship of a spouse, a parent or a child. If the deceased party had a will, damages will go to the estate and allocated in proportion to the loss each loved one suffered. Without a legal will in place, the district will follow a set formula to allocate the damages. An attorney can assist with the process of filing the claim and providing insight into expectations of the compensation that may be rewarded.

The experienced personal injury and medical malpractice attorneys at Trombly & Singer, PLLC are prepared to represent clients facing legal matters after being injured due to another person’s negligence. If you require strong legal representation in Washington D.C. or Maryland, contact our firm today to schedule a consultation.

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