Wrongful Death Claims
Wrongful death claims are for when someone causes the death of another person, either by their actions or failure to act when they should. A wrongful death claim is the civil remedy, rather than a criminal action. Since the person killed cannot bring a lawsuit, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death.
Damages are assessed to compensate family members for their loss. There are many ways in which damages can be calculated. The most obvious loss in a case of wrongful death is the actual expense occasioned by medical and death expenses. These are usually easy to determine.
Less obvious but equally important is the loss of future earnings and benefits, as well as the loss of companionship. These damages are more difficult to calculate and include anticipating the lifespan and earnings of the decedent, as well as the relationship to remaining family members. Loss of companionship is very difficult to calculate since it is totally subjective and does not lend itself to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors.
There may be additional damages available depending on the facts of a specific case.
If you have been physically or financially injured or lost a loved one due to someone else’s actions, please submit the online questionnaire or call Norton Frickey P.C. at (719) 634-6450. We will discuss your case with you initially free of charge, and if we agree to handle your case, we will do it without you having to pay our fees unless you recover money.