Losing a loved one because of someone’s negligent behavior is emotionally devastating. The death of a loved one also often comes with a heavy financial toll. In addition to medical bills, funeral expenses, and other costs related directly to the death, the family will experience other losses, such as loss of consortium and companionship.
A St. Matthews wrongful death lawyer from Whetstone Perkins & Fulda can help you pursue justice for your loved ones. Call today to speak with a compassionate personal injury attorney.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone’s careless or intentional actions cause the death of another person. Surviving family members may seek compensation for their losses, including financial burdens and emotional suffering. Unlike criminal cases, which seek to punish the wrongdoer, wrongful death claims are civil lawsuits aimed at recovering damages for the surviving family members, although punitive damages may also be involved.
While the survivors can benefit from a wrongful death suit, they cannot file one. Instead, the Personal Representative of the deceased person’s estate must file the claim. A person can name who that person will be in their will. The court will appoint one if the deceased had no will.
Surviving family members often serve this role, but the roles of Personal Representative of the estate and survivor are distinct. The Personal Representative recovers for the benefit of the deceased’s surviving spouse, children, other dependents, or heirs. A St. Matthews attorney could help families understand who can file a wrongful death claim.
Common Causes of Wrongful Death Claims
Any death that is the result of someone else’s negligent, reckless, or intentional behavior can form the basis of a wrongful death claim—anything that represents a breach of the standard of care. Some of the more common causes include the following:
- Car, truck, and bicycle collisions
- Medical malpractice
- Workplace accidents
- Premise liability claims
- Defective products
While some causes are more common, even unusual circumstances can lead to a wrongful death case. An attorney could evaluate the situation and advise the survivors whether the facts would support a claim.
Potential Damages in Wrongful Death Cases
Money will never take the place of a missing loved one. However, wrongful death lawsuits can help ease the financial burdens that come with loss, help survivors get counseling, and provide some compensation for emotional losses. Damages in these cases may include the following:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury or illness
- Lost wages and benefits the deceased would have earned
- Emotional damages of the surviving family members
- Loss of companionship, care, and guidance
Additionally, there may be a claim for punitive damages. If the wrongdoer’s behavior is egregious, a jury may impose punitive damages to punish the defendant and deter others from engaging in similar conduct. A St. Matthews lawyer could offer guidance on the availability of punitive damages in a wrongful death case claim.
Talk to a St. Matthews Wrongful Death Attorney
At Whetstone Perkins & Fulda, we understand that taking legal action after losing a loved one can feel overwhelming. We are here to help you through the process. Our team could thoroughly investigate the circumstances surrounding your loved one’s death, gather critical evidence, handle negotiations, and take your case to trial if necessary.
While many family members are not ready to file a claim immediately after a death, it can be essential to explore options. The statute of limitations means that a claim may need to be filed while the survivors are still in the grieving process. Even if the survivors are unsure about what they want to do, you owe it to yourselves to schedule a consultation with a St. Matthews wrongful death lawyer.
