If you or anyone you know has been involved in an accident that resulted in the death of another person, you should call a personal injury law firm that you can trust, immediately. Continue reading for more information about wrongful death cases and the laws that surround them.
Wrongful Death Cases
When a person passed away from a wrongful death accident, who steps on to handle their case? The answer is the personal representative of the deceased’s estate. This could be a husband, wife, daughter, mother, son, grandchild, or any other person that is listed as a co-manager, owner, or speaker of the household. Typically, this is whoever retains ownership of the property or is listed in the will. If there is no family or pre-appointed representative for the estate, there may be no one to file suit and handle their wrongful death case.
There is a chance, however, that the state may decide to file a claim instead. For example, if a drunk driver wrecks and kills another drunk driver, the state may decide to file charges for vehicular manslaughter even if the family of the deceased doesn’t want to. If a case involves the death of a young child, it is up to the legal parents, guardian, or caregivers to file a wrongful death claim.
Although the claim for a wrongful death case is filed by an estate representative who also handles the lawsuit, it is the spouse, children, and extended family that receives any awarded financial retribution for their loved one’s death. It is generally up to the courts how the monies will be divvied among the relatives. The following expenses are recoverable if liability is found in a wrongful death case:
• Expenses for Funeral Arrangements
• Expenses for Burial Arrangements
• Hospital and Medical Bills
• Lost Wages and Benefits of the Deceased Had they Lived
• Wages for Lost Time at Work Pursuing the Case
• And More Depending on Individual Circumstances