Quaranta & Associates

Frequently Asked Questions:

WRONGFUL DEATH

Who can file a wrongful death case?

Wrongful death claims may be filed by the surviving family members or personal representative. The surviving family members are known as the statutory beneficiaries and can include the surviving spouse, children and parents of the deceased.

What types of damages may be recovered in a wrongful death case?

Recovery by parents:
Parents may recover for the loss of companionship and society of their infant child as well as for mental anguish caused by the death of their child.

The parents of an adult child who passes may generally recover the value of future financial contributions from that deceased child and the value of the services that the adult child performed for them.

Recovery by a spouse:
A surviving spouse may recover damages for loss of companionship and mental anguish caused by the death of his or her spouse. The surviving spouse may also recover financial contributions that he or she would have received and for the support that the spouse provided. A spouse may also recover for the financial value of intangible services that the deceased spouse provided, the things he or she did around the house.

Recovery by a child:
A surviving child may recover damages for the loss of care and guidance and mental anguish caused by the death of his or her parent.

A minor child of a decedent may also recover the sum that the decedent would reasonably and probably have contributed to the maintenance of the child and the value of the services that the decedent would have done such as advising and educating the child participating in activities and sports.

Adult children may also recover the sum that the decedent contributed to the child either by services, i.e. babysitting or financial.