Wrongful Death
When you are grieving, hurt and worried about the future, it's uncomfortable to talk about insurance claims, wrongful death settlements and cash awards. Losing a loved one is difficult. Losing that person due to someone else’s negligence can be even harder.
Peterson & Associates will help you get the compensation you deserve. A financial settlement can never replace your loved one, but can help bring closure and security. Our firm represents individuals and families who have lost a loved one or been seriously injured due to the negligence of another.
Part of the “personal injury” tort family,
wrongful death holds an individual, group or corporation (defendant) accountable for causing injury to another person (plaintiff). Typically, wrongful death suits involve vehicular accidents (aviation,
automobile, ATV,
motorcycle, or
railroad),
defective products,
medical malpractice,
pharmaceutical liability, and a number of other situations.
According to the most recent data available from the Centers for Disease Control, accidents and unintentional injuries are the fifth leading cause of death in the United States. Almost half
— 45 percent — of unintentional injury deaths occurred in and around the home. Unintentional home injury deaths to children are caused primarily by fire and
burns, suffocation, drowning, firearms,
falls, choking and poisoning.
The primary goal of a personal injury tort is to provide relief to the plaintiff and to deter the defendant from inflicting further harm to others. In a wrongful death action, consideration is given to the earnings the deceased would have provided to their family had they lived, and damages are awarded to survivors based on this monetary loss. Survivors may also receive damages for medical and funeral expenses for the victim, estate administration expenses, survivor’s emotional pain and suffering, and punitive damages.
Every wrongful death claim must prove that some degree of negligence on the part of another contributed to the victim’s demise. The amount of damages awarded will depend on the plaintiff's relationship to the deceased, while the compensation for damages may include compensation for the following:
- Reimbursement for all medical expenses incurred as a result of the negligence.
- Reimbursement for the loss of any future income.
- Reimbursement for property damage, if applicable.
- Reimbursement for any future services normally provided to you by the person who has died.
- Reimbursement for loss of consortium, meaning a spouse's right to the companionship, help and affection from the person who has died.
- Reimbursement for any punitive damages if the negligence was found to be criminal
or willful and wanton behavior.
As with any personal injury claim, there is a time component as to when a wrongful death claim must be filed: A cause of action for wrongful death accrues on the date of death and must be filed within
a set time period of of that date. Monetary damages cannot bring a loved one back, but
they can provide a means for a family to continue to live in the fashion to which it was accustomed, it can assure a college education for the children,
and it can provide medical and other necessities and comforts of life to help face an uncertain emotional future.
If you have lost a loved one due to another’s misconduct or carelessness, contact Peterson & Associates. Our attorneys will help you fight for your loved one’s rights, and also protect your rights from insurance companies
that want to minimize their liability in wrongful death claims.
Contact the experienced attorneys of Peterson & Associates today for your complimentary legal consultation at our Kansas City office.
For more information:
Nursing Home Abuse
FAQs
Nursing
Home Abuse Legal Glossary |
