Adjusting or Litigating Wrongful Death Claims

Read the full article at https://www.linkedin.com/pulse/video-explaining-how-deal-wrongful-death-claims-zalma-esq-cfe and see the full video at https://rumble.com/ve9gzv-a-video-explaining-how-to-deal-with-wrongful-death-claims.html and at https://youtu.be/dLslUMt_3gU and https://zalma.com/blog plus more than 3600 posts. 

The wrongful death acts in all states provide a statutory cause of action for damages suffered as a result of the decedent’s wrongful death to certain named beneficiaries, usually spouses, children, or parents. This is an independent cause of action belonging to these beneficiaries. Until recently, most jurisdictions used the so-called “pecuniary loss rule” to limit such recovery to the pecuniary loss—the loss of income and wage contributions that the deceased would have made had he or she lived—resulting from the deceased’s death. A plaintiff may recover damages for emotional distress flowing from a defendant’s negligence, notwithstanding the absence of physical injury. But these damages are recoverable only if the plaintiff has suffered a pecuniary loss and has suffered an injury to the person, albeit not physical.