Cooney Law Office

Wrongful Death

When a person or entity negligently or intentionally causes the death of another person, the party that caused the death may be liable under a wrongful death claim for the loss of the loved one and certain financial losses that resulted from the death. In addition to the loss of the loved one, in certain cases, a wrongdoer may be liable for monetary losses suffered by the decedent’s family members as a result of the death . Such compensatory damages may include medical and funeral expenses that were incurred, as well as lost earnings, care and other financial support that the decedent would have provided in the future. These damages are usually limited to spouses, children and sometimes parents.

Other than damages for the loss of the loved ones, and the monetary damages caused by the death, the courts do not generally award damages for emotional distress and pain and suffering of those left behind. In narrow circumstances, such as when an immediate family member witness the negligent act and ensuing death, the witnesses’ resulting emotional distress may be recoverable in a secondary emotional distress claim.