Recovering Compensation When A Loved One Is Killed
A wrongful death lawsuit may be the right course of action when your loved one has been killed. When their death is a result of someone else’s negligence or reckless behavior, we can be your voice to seek justice. At Reinig, Barber & Henry, we have been fighting for families who have lost loved ones since 1974.
What Damages Can I Recover?
A wrongful death claim is generally initiated by the spouse, children or family member of the decedent. The family members are entitled to monetary damages for their loss and suffering. An action for wrongful death must be brought within three years of the decedent’s death.
You may be able to recover damages such as:
- Medical expenses – All costs incurred for health care should be repaid to you, including ambulance bills, hospital bills and charges for surgical, medical or chiropractic care.
- Funeral expenses – You are entitled to a sum of money that will enable you to pay for your loved one’s internment.
- Lost future earning capacity – The deceased person’s estate is entitled to a sum of money to compensate for the lost capacity to earn income in the future.
- General damages for pain and suffering – The claimant may be entitled to be compensated in dollars for pain and suffering. An experienced attorney can help to assess the dollar amount of the loss based on their experience in other similar wrongful death cases as well as their understanding of the local justice system.
Cases Involving The Wrongful Death Of A Child
Each parent has a right to bring a case for the loss of their child. This applies regardless of whether they are married, unmarried, not living together or separated. Any parent who has regularly contributed to the support of their child can bring a lawsuit — whether they file jointly with the other parent or bring separate cases.
If the parents of the child are not married or separated, damages may be awarded to each parent separately.
How Divorce Impacts A Wrongful Death Claim
To bring a wrongful death action for a divorced or unmarried parent, an attorney can help you follow the nuances of this process. Your attorney will need to serve a copy of the complaint to the other parent. The other parent must then join the lawsuit within 20 days or the right to recover damages expires.
‘Contributory Fault’ In Wrongful Death Cases
What happens if one parent is ‘contributorily negligent’ for the death of a child? This can happen when the child is killed in an automobile accident where the parent is the driver of the car. Does this contributory negligence transfer to the spouse who was not driving?
According to state law, the contributory fault of one spouse does not impact the other spouse or minor child’s ability to recover damages in a wrongful death action.
Contact Our Firm Today
Please contact one of the attorneys from Reinig, Barber & Henry to discuss your case. You can be confident that you are selecting attorneys who will respond to your concerns and maximize your settlement potential.