What Legal Remedies are Available After Losing a Loved One to Wrongful Conduct

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There are countless details to consider when you lose a loved one, so families tend to be busy, overwhelmed, and very (understandably) emotional for a period of time after the loss occurs. Of course, your family member’s cause of death is often the last thing you want to think about at such a stressful time in your life, but if you feel that your loved one was the victim of wrongful conduct by another person or corporation (including medical malpractice), you should know that you may be entitled to certain “damages”.

Where these types of cases are concerned, “damages” most often refer to compensation for expenses such as hospital bills, funeral costs, and other costs associated with the person’s death.

There are two types of legal remedies available to the families of deceased victims of wrongful conduct: wrongful death and survivors’ action. Family members may pursue one of these, both separately, or both remedies as part of a single lawsuit.

You can think of “Wrongful Death” as addressing what has already happened. It relies upon the overall idea that the person died as a result of some specific form of negligence, and he or she left behind loved ones who have since experienced monetary and emotional loss.

“Survivors’ Action” looks to what would have been the family’s future. It operates on the notion that if the injured person had survived, he or she would have sued on his or her own behalf. The patient would also have been able to earn an income for the family, which is now lost. This remedy also states that the surviving family members have lost the future love and companionship of the deceased.

These cases can be incredibly complex, especially if the patient died without a will (referred to as “intestate”). If you’re going to pursue any type of legal remedy after losing a loved one to wrongful conduct, you should never try to do so on your own. Even If you’re still on the fence about whether or not your family will go forward with the claim, speak with an experienced personal injury attorney right away to ensure that your case is handled appropriately from the very beginning.

Contact the skilled and proven team at Coxwell & Associates, PLLC at (601) 948-1600 for a free case consultation.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

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