A wrongful death claim is statutorily based cause of action brought by someone who qualifies as a beneficiary under the wrongful death statute and compensates that person for the pecuniary loss that they have suffered as a result of the death of their loved one. Pecuniary is elastic in this sense. It is a derivative claim. The beneficiaries claim derives from the wrongful death of their loved one.
Not included in a wrongful death is a claim for emotional distress. The sorrow and grief of beneficiaries is not to be included under the general umbrella of wrongful death. A claim for emotional distress is separate and apart from any wrongful death action in the majority of jurisdictions. Some courts have come to believe that no matter how much the judge instructs the jury not to include it, they do anyway.
Certainly monies for the maintenance of the family are available in the traditional sense. What percentage of the decedent’s income was going to maintain the family? Clothing, shelter, food, sustenance – that certainly comes under wrongful death. In order to succeed on a wrongful death claim, the wrongful death attorneys at The Justice Law Center must show that the tort was a proximate cause of the death. It is essential that we must link the tort to the death or there’s no cause of action.
If someone in your family has died wrongfully, you need to seek the guidance of experienced wrongful death lawyers. Call our office today at 702.731.0000.
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