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Wrongful Death FAQs
What is a wrongful death? A wrongful death is a death that is caused by the negligence or misconduct of an individual or company.
Who are to be considered the survivors of a victim of wrongful death? The survivors of a wrongful death victim may vary from state to state, but in general usually include the spouse and minor children.
What compensation can be claimed in a wrongful death case? Compensation may vary by state or jurisdiction but in general the law provides for the following:
Expenses incurred by the death of the victim (funeral, medical, etc.)
Loss of future earnings anticipated over the lifetime of the victim.
Benefits lost due to the victims death (medical insurance, pension, 401K, etc.)
Survivors pain, suffering and mental anguish caused by the victims death.
Companionship, care or protection lost to the survivors as a result of the death.
General and punitive damages.
Who can file a wrongful death claim? This depends on individual state law, but in general the immediate family members (spouses, children and parents) can file a wrongful death claim. Some states allow grandparents, legal dependants and extended family members to file.
When must a wrongful death lawsuit be filed? Every state has its own ‘statute of limitation', which is the maximum allowable time in which to file. After this time a claim may be denied. It is important that you speak with a lawyer as soon as possible to insure your rights.
Who cannot be sued? A family member cannot sue another family member for wrongful death.
If you have suffered personal injuries or emotional
distress due to the negligence of product makers in Alaska, contact
our wrongful death lawyer now and obtain a free case evaluation.
Did You Know?
There is a statute of limitation on wrongful death suits.
Every state has its own ‘statute of limitation’, which is the maximum allowable time in which to file. After this time a claim may be denied. It is important that you speak with a lawyer as soon as possible to insure your rights.
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Definition:
Monetary compensation or indemnity for wrong or injury caused by the Violation of a legal right. 1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary damages - Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury. 3. Punitive damages - Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong.
Ad damnum
Definition:
Clause of a pleading alleging amount of loss or injury.
Equitable action
Definition:
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action; case in which payment of money damages will not be adequate compensation.
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