No person can fathom or imagine the loss of a dear, loved one. Facing such a difficult and emotional event, you need a professional and a friend to assist and to guide you through this heart-broken situation. Here, at our firm, we offer our professional services as well as our friendship.
Wrongful death is when a person’s death was caused by the wrongful act or neglect of another. Wrongful death statute provides the decedent’s successors in interest and dependents with a cause of action for losses sustained. This kind of law allows the beneficiaries of the deceased person to recover damages personally sustained such as loss of financial support and loss of emotional support, comfort, care, protection and society.
Individuals who may bring the wrongful death action can include:
· Decedent’s personal representative;
· Surviving heirs—spouse, children & issue;
· Children and issue of deceased children;
· Domestic partner;
· Surviving intestate heirs; and
· Putative spouse, children of putative spouse, stepchildren or parents.
The decedent himself or herself may also have a cause of action that survives the death. In other words, the personal representative of the deceased may institute a legal action for the losses sustained as to the decedent.
The difference between the two statutes is that survival statute permits the personal representative to initiate an action on behalf of the deceased, and the wrongful death law grants the rights to the surviving issues to bring a lawsuit that these surviving heirs personally have sustained.
Please do not hesitate to contact us to schedule a free consultation if you require our services in this area of distress.