The death of a loved one is one of the most strenuous experiences you can encounter in life. The Reyes Law Firm can help alleviate some of the uncertainties after the death of a loved one by investigating the cause of the accident as well as dealing with any insurance adjusters, attorneys and other persons involved in the tragedy. A wrongful death claim arises when a person is killed as a result of the negligence of another person or company. In most cases there are two claims that can be pursued: a wrongful death claims and a survival claim.
The Wrongful Death Statute controls who may bring a wrongful death lawsuit. Generally the only persons that can bring a wrongful death claim are the spouses of the deceased, the adult and minor children of the deceased and the parents of the deceased victim. The claim is based on the loss of the relationship between the deceased victim and the family members. Like other negligence cases the family must prove that the other person or company's negligence caused the victim's death.
The second claim that may be pursued is a survival action. A surviving family member may be able to recover damages for the personal injury that their deceased family victim suffered before death. The measure of damages are the deceased victims conscious pain and suffering, medical and burial expenses.
There are many factors that must be considered when investigating a possible wrongful death claim and a survival action. Therefore, it is crucial that you seek the advice and counsel of an experienced attorney such as Eric Reyes with the Reyes Law Firm P.C. Please call today to set up an appointment for a free consultation.