Losing a loved one as a result of someone else’s negligence is one of the worst feelings a family member can experience. Fortunately, you might have recourse under the law.
If you lost a loved one in an accident, an experienced personal injury attorney could help you pursue a wrongful death claim on your loved one’s behalf. A New Port Richey wrongful death lawyer could help you explore your legal options and guide you through the process of pursuing a wrongful death claim.
Filing a Wrongful Death Claim
Grounds for a wrongful death claim may exist when a wrongful act, breach of warranty or contract, or negligence results in a family member’s untimely death. Moreover, the situation must have made the accident victim eligible for a personal injury claim had their death not occurred.
Only the personal representative of the decedent’s estate has legal authority to file a claim or lawsuit for wrongful death. In some instances, the decedent may have identified a personal representative in their will prior to their death. If the decedent does not have a will, then the court will assign a personal representative.
The personal representative usually files the wrongful death lawsuit on behalf of the estate and the surviving family members. Family members who may recover wrongful death damages include the deceased’s spouse, children, parents, dependent blood relatives, and other adoptive siblings or blood relatives who previously relied on the decedent for services or support.
A New Port Richey wrongful death attorney could help families identify the responsible parties, calculate a fair value for damages, and file a wrongful death claim in a timely manner.
Recoverable Damages
As part of a wrongful death claim, both the estate and the decedent’s surviving family members could recover damages. The decedent’s surviving family members could recover compensation for loss of support, loss of companionship, mental anguish, and medical and funeral expenses. The decedent’s estate could recover lost wages, benefits, potential and future earnings, and funeral and medical expenses.
Punitive damages may also be available in some cases if the responsible party acted in an especially egregious manner. The purpose behind these punitive damages is to punish the at-fault person and to discourage other individuals from engaging in similar activities.
A wrongful death lawyer in New Port Richey could help with the process of identifying and pursuing damages on behalf of the both the decedent’s estate and loved ones.
Speak with a New Port Richey Wrongful Death Attorney Today
If you lost a loved one due to another person’s negligence, you may be entitled to compensation for your loss. Wrongful death cases can be difficult to prove, however, and family members may feel overwhelmed if they try to pursue a claim alone. Insurance companies often look at these cases skeptically, simply because the decedent is not available to appear in court to testify about their injuries and damages.
Fortunately, a New Port Richey wrongful death lawyer could assist with filing a wrongful death claim and fighting for the compensation you deserve. Call today to schedule a consultation.
