Wrongful Death is any death resulting from misconduct or negligence by another person or company. Many times families don’t realize that wrongful conduct caused a death because the person that died can't relate what happened. Unless there is a thorough investigation of the facts of each case, wrongful deaths often go undiscovered. Wrongful conduct may not be obvious and may never be discovered unless a highly specialized attorney investigates these facts.
The misconduct that caused the death can range from an act of momentary negligence or carelessness to an intentional or reckless act. It can be the act of a single person or of a corporation, such as a drug company. The law provides for the compensation of the survivors when a wrongful death occurs, just as it provides for the compensation of a victim who has been injured by similar misconduct.
The laws of each state identify the persons entitled to compensation for a wrongful death. It is common for the list of survivors (sometimes called "beneficiaries") to include the spouse and minor children of an adult deceased. Sometimes, as in Florida, the definition of minor children includes persons older than 18. It is also common for the survivors to include the parents of a deceased minor child. The estate of a deceased usually has rights to compensation as well.
In each instance the law seeks to allow compensation for the actual losses that have been experienced by each individual survivor. It is also common for the Estate to have the right to seek compensation for the loss of the prospective estate that would have accumulated had the wrongful death not occurred.
Medical and funeral expenses may also be recoverable by the Estate or the survivor who has paid or is obligated to pay them.
If you feel that someone you know has been a victim of wrongful death, please fill out a Free Case Evaluation form.
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