Wrongful Death
Cubbon and Associates handles wrongful death claims on behalf of survivors of
individuals who have died as a result of the negligence of others. These claims
arise out of auto accidents, medical malpractice, defective products and other
types of negligence.
If you have a relative who has died as the result of another person’s
negligence, please contact our law firm. We can evaluate the facts of your case
and determine whether a wrongful death claim exists.
Statute of Limitations
Generally, the statute of limitations for wrongful death claims is two
years from the date the person died. You should, however, rely on the personal
advice of an attorney who has listened to the facts of your case before
determining the appropriate statute of limitations for all potential claims.
The scope of this informational page cannot include all unique circumstances
which an attorney will consider in determining the appropriate statute of
limitations and is not intended to do so. Call our law firm, and we will be
happy to discuss the statute of limitations that applies to your case.
Call our law firm and we will be
happy to discuss the Statute of Limitations that applies to your case.
FAQ's
Who is entitled to make a recovery in a wrongful death claim?
The surviving spouse of the decedent (person who died), the children,
and the parents of the decedent are all rebuttably presumed to have suffered
damages by reason of the wrongful death.
How do I pursue a wrongful death claim?
An estate must be opened for the decedent in the probate court of the
county where the decedent resided. Unless directed by the a will, the relatives
who are entitled to make a recovery must decide who will act as administrator of
the estate, and the probate court may then appoint that person as
administrator. Any action for wrongful death shall be brought in the name of
the administrator, for the benefit of the statutory survivors.
What damages may be recovered in a wrongful death claim?
- the reasonable funeral and burial expenses
- loss of support from decedent’s reasonably expected earning capacity
- loss of services of decedent
- loss of society of decedent (companionship, care, assistance,
protection, advice, guidance, education, etc.)
- loss of prospective inheritance
- mental anguish
Who has the ability to settle a wrongful death claim?
The administrator of the estate of the decedent is the only person who has the
authority to settle the wrongful death claim. In addition, the probate court
that appointed the administrator must consent to the settlement.