Why Should I File a Wrongful Death Lawsuit?

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April 13, 2015
Colson Hicks Eidson

Injury Attorney Curt Miner Explains the Benefits

Depending on the state you live in, you could be entitled to more benefits if you lost a loved one due to airplane accident, car accident or defective product. As injury lawyer Curt Miner explains in this video, filing a wrongful death lawsuit can help spouses, siblings and children of those deceased receive some benefits following the death of a family member. Some states, however, will limit the amount of benefits a survivor is entitled to. Contact an attorney to find out how a wrongful death claim can help you or your family.

Video Transcription:

In the United States, the states vary in what type of damages that they allow to be recovered. The most common area in which there is variance among the law of the 50 United States is the degree to which they will allow a surviving spouse or a surviving child or a surviving parent to recover damages for the emotional distress of having lost that family member, having lost that loved one. It varies from state to state on whether that type of damages are allowed.

Some states say no, you can’t recover damages for the emotional distress of having lost your family member, loss of your loved one. Other ones term it in different terms. They say you can’t recover those damages but you can recover the damages for the loss of guidance, loss of support you would have had from that family member for the rest of your life, that sort of thing.