The death of a loved one is devastating to family members both emotionally and economically. When a person dies as a result of the negligent act of another, multiple legal claims arise. First, the dead person's estate generally has a claim. The estate s claim is typically called a Survival Claim, and this is brought by the personal representative of the decedent's estate. Most jurisdictions also allow certain family members of the decedent to recover damages as a result of the fatality of a loved one. The claim brought by the decedent's family members is typically referred to as a Wrongful Death Claim. Each state typically has a Wrongful Death Statute that sets forth who may bring a negligent death claim, what damages are recoverable, and when the claim must be brought.
It is essential that a family who feels that the fatality of a loved one was the result of negligence retain the services of a knowledgeable lawyer to immediately address these serious issues.
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