Strong advocacy with empathy for victim families
At Granite Law Group, we understand how difficult it is to suddenly lose a loved one. We have had these tough conversations many times before. If you are a spouse, child, or other relative of the deceased, you may be entitled to hold the responsible party liable and recover compensation. While monetary compensation will never truly replace your loved one, it can help you bring closure to this difficult time in your life so you can move forward.
What Constitutes a Wrongful Death Claim?
After identifying that there was negligent conduct on behalf of the defendant, a wrongful death action may be brought in the following instances:
- The accident and injuries were so severe that the victim died upon impact or immediately at the scene;
- The accident and injuries were so severe as to significantly incapacitate the victim who died at a later date;
- The defendant’s conduct was so extreme and intentional, it caused severe emotional distress upon the victim causing them to die by suicide.
Damages in Wrongful Death Claims
In cases of negligent conduct, the survivors and / or administrator of the deceased’s estate may bring an action for damages. There are two portions of a wrongful death claim.
The first portion is for damages actually suffered by the deceased. These damages include:
- Loss of life – the probable duration of life but for the injury
- “Conscious” mental and physical pain and suffering by the deceased
- Reasonable expenses occasioned to the estate (medical expenses, funeral expenses etc.)
- Capacity to earn money during deceased’s party’s life.
The second portion is for damages suffered by the survivors. For a spouse, this can include the loss of comfort, society, and companionship from the deceased. A child may also recover loss of consortium for losing a parent. Parents may also bring loss of consortium claims for loss of a child in certain circumstances.