A wrongful death claim arises when a willful or negligent act of an individual results in the death of another. The claim is filed by the survivors, heirs, or beneficiaries of the decedent. The act leading to the death may be intentional or unintentional or may be due to negligence. A plaintiff must establish that the defendant’s act was the proximate cause of the decedent’s death. In computing damages, courts consider a number of factors including age, salary, inflation, life expectancy, nature of work, and the physical and mental health of the deceased. Punitive damages may be awarded, if the actions were reckless or heinous.
Tort law is complicated. You can trust Attorney J. Shane Givens to guide you and your family through the complex legal world of a wrongful death action to ensure that the decedent’s family is taken care of and compensation is justly paid.