When the negligent or wrongful conduct of another goes beyond personal injury and causes death, the attorneys at the Salem law office of Vick & Glantz LLP will initiate a wrongful death action to hold the responsible parties accountable for their actions, and to recover compensation to ease the financial burden and heavy toll that the loss of a loved one takes on the lives of the family members left behind.
Different from Personal Injury
A wrongful death action may be brought on behalf of the family of the deceased, and any recovery obtained is allocated among the family members according to probate law. Damages available in a wrongful death action are somewhat different than in a personal injury case. In a wrongful death action, the injured plaintiffs are family who have lost their loved one due to the negligence or wrongful conduct of another. Damages commonly suffered by surviving family members include medical expenses, funeral and burial expenses, the financial loss of a wage earner, and the loss of companionship, services, and society. It is also possible to recover for lost wages and pain and suffering of the deceased between the time of injury and death. Punitive damages may sometimes be sought and awarded as well.
Wrongful Death and Survival Actions
It is also possible to pursue a personal injury action on the part of the deceased, which is known as a survival action. Any recovery will go to the decedent's estate, increasing its value for the benefit of heirs and beneficiaries. Wherever possible, a wrongful death and survival action may be brought together, maximizing the potential recovery for the aggrieved family members.
Compensation for Loss, Prevention for the Future
While no amount of money can bring back a loved one, family members should not be forced to endure further pain and loss from not being able to meet financial obligations and future costs associated with their loss. Recovering compensation from the responsible party can help ease the financial burden which is all too often left behind, and justice demands it. Also, a legal settlement or judgment can be a powerful tool to correct individual, corporate, or government behavior, preventing similar tragedies from occurring in the future and serving as an example to others. Our attorneys have many years of experience handling these types of cases and have an established track record of success. If you have lost a loved one to the negligent or wrongful conduct of another, contact Vick & Glantz LLP for excellent advice and representation in the Willamette Valley and throughout the State of Oregon.