GENERAL INFORMATION
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.
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 on the decedent’s behalf in the probate court of
the county where the decedent resided. The relatives who are
entitled to make a recovery must decide who will act as administrator of
the estate, and the probate court will then appoint that person as
administrator. Any action for wrongful death shall be brought in the
name of the administrator, who is the personal representative of the
decedent.
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.
