A Wrongful Death Claim May Be Brought By:

  • The decedent’s surviving spouse, domestic partner, children, and issue of the deceased children.
  • The putative spouse, children of the putative spouse, stepchildren,
  • or parents, but only if they were dependent on the decedent.

In a wrongful death claim the claimants must prove that the decedent’s death was caused in whole or in party by the wrong doing of another. Or that the wrongdoing of another was a substantial factor in causing the death of the decedent.

The Wrongful Death claimants are entitled to recover:

  • The financial support, if any, that decedent would have contributed to the family during either the life expectancy that decedent had before death or the life expectancy of claimant plaintiff, whichever is shorter;
  • The loss of gifts or benefits that claimants would have expected to receive from;
  • Funeral and burial expenses;
  • The reasonable value of household services that decedent would have provided.
  • The Claimants are also entitled to a claim for the loss of decedent's love, companionship, comfort, care, assistance, protection, affection, society, moral support;
  • The loss of the enjoyment of sexual relations, if applicable; and
  • The loss of decedent's training and guidance, if applicable.

The following cannot be considered in computing recovery for a wrongful death claim:

  • Claimant’s grief, sorrow, or mental anguish;
  • Decedent's pain and suffering; or
  • The poverty or wealth of claimant.

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