A Wrongful Death claim is a statutory claim that may be brought on behalf of a surviving spouse, children, or in some cases, parents of a decedent to compensate them for the loss they sustained as a result of the Wrongful Death of their family member. The wrongful act that resulted in death may have been intentional, reckless, or negligent as long as it is of the character that would have permitted the decedent to maintain an action for injuries has death not resulted.
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 in reasonable probability, as well as the financial value of intangible services that the deceased spouse would have rendered in reasonable probability.
A surviving child or children may recover damages for the loss of companionship and mental anguish caused by the death of his or her parent. A child may also recover the sum that the decedent would have contributed to the maintenance of the child and the value of services that the deceased would have rendered in training, advising and educating the child.
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