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Wrongful Death Attorneys & Lawyers

   
Wrongful Death Attorneys And Lawyers handle claims in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.

Who Can Sue: Immediate family members may file a lawsuit - including parents, spouses, and children, are almost always eligible to file a claim, although minors may need an adult guardian to take a wrongful death lawsuit to court. Additionally, other family members - such as stepparents, grandparents, and dependents, may also be permitted to file suit in some states.

Claims Against - Losses suffered by the decedent's spouse, children, or next of kin, including:

  • loss of financial support
  • loss of service
  • loss of gifts or other valuable gratuities
  • loss of parental training and guidance
  • loss of society and companionship

In most, if not all states in the United States, there was no common law right to recover civil damages for the wrongful death of a person. However, now the states have each enacted statutes to create a right to such recovery. The issue of liability will be determined by the tort law of a given state.



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