When someone dies as a result of another’s neglect, surviving family members may have a claim for damages.
Lawsuits which involve death claims are commonly known as wrongful death lawsuits. Wrongful death lawsuits are governed by specific statutes, which specify who qualifies as an heir for the purpose of making a claim for damages.
Idaho, Montana, and Washington heirs include the decedent’s spouse, children, stepchildren, parents, and when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters.
The damages recoverable in a wrongful death case differ, to some extent, from the damages recoverable in other types of personal injury cases. The damages that are recoverable include both economic damages and non-economic damages and differ from state to state.
The Potential Damages Include:
- Medical expenses incurred by the decedent’s estate prior to death;
- Funeral expenses;
- Loss of financial support by financially dependent family members;
- Loss of the reasonable value of household services provided by the decedent.
- Loss of the care, comfort, and society of the deceased family member.
- Pain and suffering before death in some states.
- I have personally handled cases against drunk drivers, truck drivers, hunters who have accidently killed their guide, single car rollovers, electrocution, and medical providers that supplied the wrong drugs or treatment.
If a loved one has been killed as a result of the fault of another, consult with an attorney immediately. There are important notice limitations on your claim which may be as short as 120 days.