Wrongful Death Cases

In wrongful death cases the spouse (including a common law spouse), children (including adopted and illegitimate children), parents and heirs of the deceased may sue. Damages include recovery for grief, mental anguish, loss of companionship, society and consortium, and loss of services and monetary that the deceased would have made during his or her lifetime. The estate has a survival action for damages for conscious pain and suffering, medical and funeral expenses. Siblings, stepchildren and more distant relatives of the deceased normally have no claim unless they are named as beneficiaries in the will or otherwise inherit from the estate.