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The Hundley Law Firm – Practice Areas
Wrongful Death
In 2001, unintentional accidents killed almost 86,000 people in the United States. Accidents rank as the number 5 cause of death and almost 1 in 20 deaths in the United States is caused by an accident. These unintentional accidents can lead to wrongful death claims, which can be complicated. If you legally qualify as a survivor, you can file a wrongful death lawsuit for the recovery of the following damages:
• The loss of the love, companionship, comfort, affection, society, solace, moral
support, and consortium of the decedent;
• The value of the household services the decedent would have provided in the
future, and
• The value of the financial support which the claimant would have received from the decedent but for the loss. There are only certain people who may qualify as a survivor. First in line are the surviving spouse, children, and potentially grandchildren, if their parents have already passed. These survivors can file separately or together. If there are no spouses, children, or qualified grandchildren, the next in line qualified survivors are the decedent’s (1) parents; (2) then brothers and sisters; (3), then nieces, and nephews if their parents have passed; (4) then grandparents; and (5) finally other descendants.
There is another group of survivors that could potentially bring a claim, but who are not related to the person that died. These include: a person who can prove that he/she had good faith belief that they were married to the decedent, but were not actually married under by law, the children of such a person, and stepchildren. The survivors must prove that they were dependent upon the decedent at the time of death to have a valid claim. Finally any minor who can prove that they were a resident of the decedent's household for 180 days prior to the death and that they were dependent upon the decedent for at least 50% of their support at the time of death claim bring a claim.
As you can see, just determining if you can bring a wrongful death claim is no easy matter. Even if you are qualified to bring such a claim, you must demonstrate that the death was caused by another’s negligence and then determine how to place a value on your loss. We know that money will never replace a love one, but we stand ready to assist you if a loved one has left us due to an accident carelessly caused by another. If you need help as the result of the loss of a loved one, please Contact Us.
There is another group of survivors that could potentially bring a claim, but who are not related to the person that died. These include: a person who can prove that he/she had good faith belief that they were married to the decedent, but were not actually married under by law, the children of such a person, and stepchildren. The survivors must prove that they were dependent upon the decedent at the time of death to have a valid claim. Finally any minor who can prove that they were a resident of the decedent's household for 180 days prior to the death and that they were dependent upon the decedent for at least 50% of their support at the time of death claim bring a claim.
As you can see, just determining if you can bring a wrongful death claim is no easy matter. Even if you are qualified to bring such a claim, you must demonstrate that the death was caused by another’s negligence and then determine how to place a value on your loss. We know that money will never replace a love one, but we stand ready to assist you if a loved one has left us due to an accident carelessly caused by another. If you need help as the result of the loss of a loved one, please Contact Us.