What is a wrongful death claim?

Published: July 26, 2018

What is a Wrongful Death Claim?

Wrongful death claims occur whenever someone dies due to the fault of someone else. One example arises in car accidents. If Driver 1 fails to stop at a red light and hits Driver 2's car in the intersection and the collision causes Driver 2 to suffer fatal injuries and die, a representative of Driver 2 would be able to file a wrongful death claim on Driver 2's behalf.

These claims arise not just in car accidents but also in medical malpractice, construction accidents, slip and falls, and any other circumstance where someone was at fault for the death of an individual. A representative of the deceased would need to bring the claim. This is generally done by the personal representative of that individual's estate.

These claims involve complex issues of damages which include recovery for:

- Medical/funeral expenses;

- Loss for future income/earnings;

- Loss of benefits;

- Mental anguish to survivors;

- Loss of consortium/care/love and society

There are time limits to file a wrongful death claim so it is important to contact an attorney as soon as possible to discuss a claim. If you have lost a loved one due to another's wrongful act or failure to act, call a personal injury lawyer at Vanderpool Law Firm PC to set up a free consultation at (574) 268-9995. We are here to help you get through this stressful and emotional time while ensuring that you receive any compensation you may be entitled to.

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