Wrongful Death Suits

The legal definition of wrongful death is when a person is killed due to the negligence or misconduct of another individual, company, or entity. A wrongful death lawsuit must be filed by the deceased’s immediate family members, often referred to as “distributees.” The surviving spouse and children, and even sometimes parents, are who most often comprise the group of distributees.

Representation

The personal representative of the deceased’s estate is responsible for making the claim a lawsuit. Each state has its own statutes regarding wrongful death lawsuits in civil courts that establish the procedures for filing wrongful death actions. The personal representative is also in charge of bringing on actions including:

• Personal injury
• Conscious pain and suffering
• Expenses incurred prior to the deceased’s passing

Recovering damages

Any damages awarded belong to the estate and may be distributed to different parties as directed by the deceased’s will. The measure of damages in a wrongful death lawsuit is the pecuniary or financial injury. Pecuniary injuries are the financial losses suffered by the surviving family members. In several states, the courts’ interpretation of pecuniary losses has included:

• Loss of support
• Services
• Loss prospect of inheritance
• Medical expenses
• Funeral expenses

If you have lost a family member due to an accident or crime, your may be entitled to recover damages for your financial losses. Contact the Appleton wrongful death attorneys of Habush, Habush, & Rottier, S.C. at 800.472.9334 for a free consultation. We will discuss your case and further legal options.