Damages in York Wrongful Death Cases

When someone gets injured and dies suddenly, their spouse and close relatives often drop everything and make every effort to support them, both emotionally and financially. If you have been affected by the wrongful death of a loved one, you may feel crushed and drained by your losses.

Your family has the right to pursue compensation that recovers your costs and finds justice for your loved one. Contact the dedicated wrongful death attorneys at Clark & Howell to learn more about possible damages in York wrongful death cases.

Wrongful Death and Survival Actions

It can be an immediate financial blow when a close relative dies suddenly, especially if that person was a spouse or a child. Costs family members may have to face include:

  • Emergency services
  • Funeral and burial expenses
  • Medical expenses and attempted life-saving treatment
  • Loss of the relative’s financial contributions

However, your family’s most important loss is, of course, your loved one’s presence—what the law calls “comfort, society, and companionship.” In York, the representative of the deceased’s estate can file a wrongful death lawsuit, but the damages (compensation payments) do not have to go through probate court. After expenses, those damages belong to the deceased person’s heirs most often their spouse, children, or parents.

If the injured person could have filed their own personal injury claim had they not passed from their injuries, their estate can step in to handle that claim and receive the damages on the person’s behalf. This is called a survival action. Contact us today to learn more about this important lawsuit and how it seeks justice for your loved one.

What Kind of Losses Can Survivors Claim as Damages?

Spouses and families can potentially claim a wide variety of their expenses and losses as damages in a lawsuit. There are two categories of damages available in most York wrongful death cases: economic and non-economic damages. Economic damages include any concrete losses or expenses that can be proven with bills and receipts, such as medical care or lost earnings.

The law also recognizes the need to compensate a family for the person’s absence and the family’s grief and distress, alongside any conscious suffering that the deceased person felt at their death. Spouses and family members can claim non-economic damages for these losses, although the law puts an upper limit on this kind of damage award. In cases involving reckless or intentionally malicious behavior, defendants may also have to pay punitive damages to the family.

How a Lawyer Can Help Your Family

The case process surrounding a sudden death is not just complicated; it can be emotionally grueling, especially without any legal help. Securing a skilled York attorney helps ensure you are pursuing all possible damages in your wrongful death case. Insurance adjusters will investigate the circumstances of the accident, and they will try to find some way to shift the blame elsewhere or offer low settlements, and our team could be there to negotiate what is fair for your family.

We know Maine law and can investigate the accident, review the evidence, and determine who is responsible to push back against an unjust claim denial. We also help clients assemble the right claim for compensation. We know this is a tough time for your family, and you need the right guidance to get through the process, so call us today to get started with your case.

Work with Clark & Howell in York to Secure Damages in Your Wrongful Death Case

With 20 years of legal experience throughout northern New England, Attorney Matthew Howell has learned what families have to go through to see justice for their injuries and lost loved ones. He and his team do not just fight to get paid; they will treat you with the respect and compassion that you deserve at your toughest moments. Contact our office today to schedule a consultation and discuss how damages in York wrongful death cases could help your family.