What you need to know about filing a wrongful death claim.

Hello, my friend, Attorney Paul Samakow here.

Today’s topic is not a fun one. It’s something I’d prefer to never need to discuss.  But unfortunately, it’s an all-too-common part of my job as a personal injury attorney. And because of that, I will spend some time discussing it with you today.  

First let me start by saying, if you’re reading this after losing a loved one in an auto collision, you have my heartfelt condolences.  And I know there is nothing I can say or do that will make this loss less difficult for you.   

It’s bad enough that your loved one was essentially stolen from you, but what makes it so much worse is knowing that this happened because someone else wasn’t paying attention or simply lost control of their vehicle on the road.   

I can’t make this right for you.  

I wish I could.  

But I can help guide you through the next steps you must take.  

Let’s discuss what needs to happen and how a wrongful death claim can help cover upcoming expenses.  A wrongful death claim is a way to seek compensation for the survivors of the person who was killed due to someone’s negligence, recklessness, or intentional wrongdoing.  This type of claim is typically filed by a surviving spouse, child or dependent.  

The intent is to help with: 

• Burial and funeral expenses.
• Loss of future earnings and financial support.
• Loss of emotional support and companionship.
• Medical expenses that may have occurred before the person’s death. 
• And punitive damages if the defendant’s actions were particularly egregious.

The biggest difference between a personal injury claim and a wrongful death claim is with the statute of limitations. Wrongful death claims typically have shorter statutes of limitations than personal injury claims with most states requiring the claim be filed within two years from the date the person passed away.   

Wrongful death claims are complex.  Most of the time it is the surviving spouse or child who should file the claim, but it is not always that easy to determine who should file.  

If you’ve lost a loved one because of the negligence or recklessness of someone on the road, please call my office.  We can help you file a wrongful death claim.  We can help you receive financial compensation, that will in no way right the wrong you’ve suffered but may ease the financial burden you feel at this time.  

We’ll help gather necessary evidence such as medical records, witness statements, expert testimony and more.  We’ll help build a strong case, make sure your claim is filed in a timely manner, and fight to get a settlement that makes a difference. 

If someone you love has been killed due to someone else’s negligence, recklessness, or egregious behavior on the road, we are here to help in every way we can. Please call my office at 703-854-9288 or 301-298-8383.

Sincerely,

Paul Samakow

Attorney Paul Samakow