Peterborough Wrongful Death Lawyer
Wrongful death suits are civil actions where damages are sought from a negligent or criminally negligent party for the death of another person. The act that causes the death may be unintentional or intentional for the claim to arise. The party that sues is the estate of the deceased person on behalf of surviving family members.
A wrongful death action arises if there is an underlying personal injury claim. For example, if a person is involved in a car accident caused by a drunk driver and suffers severe head trauma for two weeks before dying, the deceased’s relatives have claims against the drunk driver and their estate has a wrongful death claim if the victim dies. In this instance, two claims are pursued in the same lawsuit.
A Peterborough wrongful death lawyer helps deceased person’s estates and survivors pursue personal injury and wrongful death claims when the victim of a negligent act or omission or intentional act dies because of their injuries. A skilled injury lawyer can seek compensation for medical care and treatment, pain and suffering, emotional damages, lost wages, and property damage, among other types of damages.
Filing a Wrongful Death Claim
Wrongful death claims are filed on behalf of the deceased person’s close family members. Close family members may include the spouse, children, grandchildren, parents, grandparents, brother and sisters. The correct party to sue, however, ultimately depends on the deceased person’s close relationships, who they supported financially, emotionally, or both ways.
A wrongful death action can be filed in court whenever negligence or intentional acts lead to the death of the victim. In practice, this means the wrong death claim can commence after:
- A fatal car crash
- When a defective product causes a death
- A pool drowning
- When medical mistakes are made
- When the wrong medication or medical treatment is administered
- After a slip or fall which results in death
- A fatal motorcycle, bicycle, or pedestrian accident
- A death following a construction site accident
Most individuals are familiar with damages for medical care and treatment, lost wages, and personal property damage following a catastrophic accident or intentional act. In wrongful death cases, additional damages are considered and awarded to surviving family members.
Damages related to the death of the person are recoverable in successful wrongful death cases. Items like funeral and burial costs, loss of any inheritance, and loss of the person’s expected incomes and household services are determined in any settlement.
Other items, like the pre-death pain and suffering of the deceased person, loss of consortium, care, love, and companionship are also calculated and added to any possible recovery.
How a Peterborough Wrongful Death Lawyer Can Help
A negligent person cannot escape liability if the victim of their negligent acts dies because of their serious injuries. A Peterborough wrongful death lawyer can help a deceased person’s survivors seek compensation for the death and injury of their loved one.
In addition to lost wages, medical care and treatment, pain and suffering damages, loss of future financial support, and loss of companionship are also recoverable in successful wrongful death claims. Contact a Peterborough wrongful death lawyer today to schedule your confidential case evaluation.