Wrongful Death Claim
Unlike a survival claim, which focuses on the losses the deceased person suffered, a wrongful death claim focuses on losses that certain surviving family members suffered through losing their loved one. Such losses include destruction of the family relationship, loss of emotional support, loss of love and affection, loss of services, and pain and suffering. While the losses are personal to the surviving family member, the personal representative prosecutes the wrongful death claim for the benefit of the surviving family members. By statute, a deceased person’s spouse, state registered domestic partner, and children and stepchildren are entitled to recover the losses they suffered because of the love one’s passing. However, if none of those family members exist, then parents and siblings will be entitled to recover.