If someone dies due to another’s negligence, the law allows for the close family members to file what is called a “wrongful death claim,” requesting compensation for the loss of their loved one. By way of the administrator of the decedent’s estate, the beneficiaries can file for a survival claim for the decedent's suffering before he or she died. The claims are proven in a court of law the same as other personal injury cases: by proving to the jury that the defendant's misconduct, negligence or recklessness caused or contributed to the plaintiff’s death.
The potential compensation involved in wrongful death cases goes much further than the damages available in other personal injury cases: compensation for lost wages, medical/pharmaceutical bills and compensation for the plaintiff’s pain and suffering. In wrongful death/survival lawsuits the decedent’s estate is compensated for the value of the decedent’s claim as if they had lived to recover economic damages. This is all before the compensation for pain and suffering, loss of household income, familial support and companionship are considered.
As you can tell, the stakes are high and the fight against the insurance agencies is even tougher. Here at John Mobley Law Firm we fight to level the playing field between insurance companies and injured parties or the families of the deceased. Schedule your complimentary evaluation with us now!