Under old time common-law the rule was that “a claim died with the plaintiff” that is only the person who was injured could bring in a lawsuit. If the injured person died, well then tough luck. Now there were some obvious flaws with this and our modern legal system has come up with a solution, Wrongful Death:
Wrongful Death is less a cause of action, that a workaround, a set of rules that allow the family members of a deceased individual to bring a lawsuit on behalf of the deceased.
After a loved one has passed away, there are only certain people who may file a wrongful death claim. First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent. If these types of claimants do not exist, next in line are the person’s:
- then brothers and sisters;
- then the children of deceased brothers and sisters;
- then grandparents;
- and then their lineal descendants.
As the survivor of a loved one, you can file a wrongful death lawsuit for the recovery of the following types of damages:
- The loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent;
- The value of the household services the decedent would have provided in the future;
- The value of the financial support which the claimant would have received from the decedent but for the death.
For more information about Wrongful Death, or to schedule an appointment, contact
Foley Law Offices, PLLC at (734) 462-7500