A wrongful death lawyer represents clients who have a relative who died as a result of someone’s wrongful conduct. The death does not have to be intentional for the client of the wrongful death lawyer to have a case. Rather, even a death that someone’s negligence (carelessness) caused can constitute the basis of a lawsuit for wrongful death.
The executor or administrator of the deceased’s probate estate is the generally the person who can sue for wrongful death. Typically, that person will be the late victim’s spouse, sibling or child.
THREE TYPES OF CLAIMS FILED BY A WRONGFUL DEATH LAWYER
When the wrongful death lawyer files the lawsuit, there usually will be at least three separate claims. First, there will be a claim for the harm that the victim suffered between the time of the incident and his or her death. This is known as a survival action. For example, say that a car struck the victim, but the victim did not die immediately. The wrongful death attorney will seek compensation for the victim’s pain and suffering.
The wrongful death lawyer will also bring two other claims under the wrongful death law. He will seek compensation for the surviving spouse’s loss of the company and services of the victim. The wrongful death lawyer will also sue for any economic losses that the surviving close relatives suffer because of the victim’s death. For example, loss of the income that the victim would have earned if he or she had not died.
The above is just an overview. It does not cover every detail of the law. Further, there may be other claims, in any given case, that a wrongful death lawyer will pursue.
If someone wrongfully causes the death of your loved one, consult a wrongful death lawyer immediately. There are deadlines to take necessary legal action. If you miss a deadline, you likely will never be able to recover compensation, as a recent claimant found out the hard way.