When a loved one is taken from you, it can be devastating. The loss is more acutely felt if the decedent was taken before their time due to someone else’s neglectful actions.
Situations such as these are called wrongful death. When a person dies due to someone else’s negligence, a representative may file a lawsuit on behalf of the survivors who were negatively affected by the death.
If your loved one has been taken due to a wrongful death, Bloomsburg, PA attorneys Luschas, Naparsteck & Crane, LLP can get you the compensation you need. Read on to find out more about wrongful death and how we can help you find closure during these difficult times.
What is a Wrongful Death?
A wrongful death is an untimely death caused by the negligence of another person. Common causes of wrongful death include:
- Car accidents
- Slip and Falls
- Medical malpractice
- Product liability
- Animal attacks
- Abuse
- Neglect
…and the list goes on.
What Damages Are Covered in a Wrongful Death Claim?
Eligible loved ones and relatives may be compensated for any pecuniary loss sustained due to the decedent’s passing. This includes any financial and emotional support they gave the family as well as emotional pain and suffering due to the loss of their personal services and companionship. Damages may be compensated to make up for anything the decedent contributed to the family for education, healthcare, food, clothing and more.
Punitive damages can also be awarded. These are additional fees the defendant must pay due to any reckless behavior that may have caused the death. They are meant to punish the defendant and keep them from repeating similar behavior in the future.
Who Can Be Awarded Damages in a Wrongful Death Lawsuit?
A lawsuit can be filed by any relative who suffered a loss due to the death. Typically the following relatives are eligible to be compensated.
- Spouse: A spouse can sue for the emotional trauma and lack of financial support caused by the loss of their husband or wife.
- Minor Children: Minor children may file a lawsuit for the loss of financial support as well as emotional pain and suffering. Adult children are usually not eligible.
- Parents of a Minor Child: Parents of a minor child may sue for emotional suffering and the loss of the relationship they had with their child. However, if the child was an adult, they may not be eligible for compensation.
What is a Survival Action?
The plaintiff in a wrongful death claim can make an additional claim known as a survival action. This covers damages the deceased may have suffered during his or her lifetime including any pain and suffering prior to death, medical expenses, a loss of wages and death expenses.
Damages for emotional pain and suffering may not be awarded under the Survival Action.
Because the Survival Action belongs to the decedent’s estate, it must be brought by the representative of the estate. Damages recovered will belong to the estate and are subject to estate and inheritance taxes. They may be passed along in terms the decedent’s will or intestate laws if no will exists.
Proving Damages
In order to get compensated in a wrongful death claim, you must prove damages. This will include proving the expected lifespan of the deceased, their potential earnings and any amount given to his or her beneficiaries.
Loved ones may also be compensated for funeral expenses. However, they must keep track of all the financial transactions made towards the death and burial. They should also be careful to stick to a budget as any amount that’s considered extravagant may not be reimbursed.
At Luschas, Naparsteck & Crane, LLP, we can help you collect records that will provide evidence of how much you are owed.
How Luschas, Naparsteck & Crane, LLP Can Represent You In Your Wrongful Death Lawsuit
When a loved one dies before their time due to the neglect of another person, it can be extremely painful. You may have difficulty putting one foot in front of another much less dealing with the time and stress of moving forward with a lawsuit.
At Luschas, Naparsteck & Crane, LLP, we understand how painful a wrongful death can be. We take the weight off your shoulders by gathering all the evidence you need to be properly compensated. We will treat you with the care and respect you require during this difficult time.
Luschas, Naparsteck & Crane, LLP has been in business for over 40 years. Our extensive experience in wrongful death and personal injury law will help you get the outcome you are looking for. Our track record proves our excellence in our field.
If a loved one was taken by a wrongful death, don’t let guilty parties get away with it. Call Luschas, Naparsteck & Crane, LLP for the closure you need and the compensation you deserve.
