If a person is hurt in an accident due to someone else’s carelessness, they may choose to take legal action in the form of a personal injury claim. If the individual passes away as a result of the incident, however, their surviving family members may seek justice for their losses. If you face such a situation, here’s what you need to know about filing a wrongful death claim.

Who Can File a Wrongful Death Claim?

Only the estate of the deceased can file a wrongful death claim. If the will names an executor, for instance, they would be the one legally able to take action. Usually, this is a family member or personal representative of the deceased, such as a lawyer. 

Rules vary between states, but only close family members can typically receive damages from a wrongful death claim. Compensation tends to go directly to the estate before distribution to the beneficiaries designated in the will.

What Types of Damages Can Be Awarded?

When a loved one dies, family members may face financial hardship if the deceased was the sole breadwinner. Damages take into account this monetary loss, calculating what the decedent would have earned based on factors like education, job, and life expectancy.

Some states also permit compensation for “loss of consortium” or “loss of guidance,” addressing the emotional aspects of a family’s loss. For instance, a spouse and parent who passed away deprives their partner of companionship and the children of their direction.

Another category of damages seeks to address costs, as well as pain and suffering, incurred by the deceased because of their personal injury. Often, this includes medical fees, lost wages and burial expenses. A personal injury lawyer will advise about what type of compensation is possible in your state. 

Goddard & Hammontree LLC can help you with a personal injury or wrongful death claim. Located in Dalton, GA, these attorneys serve the Murray County area with honest and personalized representation. Locally born and raised, they believe in direct client contact—you won’t be shuffled off to a paralegal or assistant but deal directly with your lawyer. Learn more about their 58 years of combined experience online. For a consultation, call (706) 278-0464 today.