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Wrongful Death

Wrongful Death Claims: Who Can File and What Damages are Recoverable?

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Alicia Dawson

November 5, 2024 8 min read
Wrongful Death Claims: Who Can File and What Damages are Recoverable?

Overview Summary

  • 1A wrongful death claim is a civil lawsuit filed by survivors of a person killed by negligence.
  • 2It is separate from any criminal charges.
  • 3Immediate family (spouses, children, parents) usually have priority to file.
  • 4Damages include funeral costs, lost future income, and loss of companionship.
  • 5Statutes of limitations for death claims are often shorter than injury claims.

Losing a loved one is the hardest thing anyone can go through. When that loss is caused by someone else's negligence, the law provides a path to justice, though no amount of money can replace a life.

What is a Wrongful Death Claim?

It is essentially a personal injury claim that the deceased person could have filed had they lived. Since they cannot, the family files it on their behalf to recover the 'value' of that life.

Types of Damages

Families can recover:

  • Economic Losses: The wages and benefits the deceased would have earned over their lifetime.
  • Expenses: Medical bills incurred before death and funeral costs.
  • Loss of Consortium: The loss of love, guidance, and companionship (especially for children/spouses).
  • Punitive Damages: In cases of extreme recklessness (like drunk driving), meant to punish the wrongdoer.
Saad Admani

About the Author

Saad Admani is the lead Personal Injury Attorney at Admani Law with extensive experience representing accident victims in NJ. He specializes in fighting insurance claims, negotiating settlements, and advocating passionately for his clients.

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