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FLORENCE KENTUCKY LEGAL BLOG

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What happens if someone dies during a personal injury claim?

On Behalf of | Jun 14, 2022 | Wrongful Death

An accident injury can leave someone you love struggling to recover. A personal injury claim may prove beneficial in providing compensation in the aftermath. What happens if someone dies during the process?

If your loved one dies before a personal injury case ends, there is a way you can still proceed forward. Discover some of the basics surrounding a wrongful death claim.

What is a wrongful death case?

A personal injury case hinges on whether the person who caused the crash was negligent. This means the crash was preventable if the other driver had acted with regard to others. If your loved one died because of the injuries from the crash, you may refile the case as a wrongful death action.

Who can file a wrongful death action?

A wrongful death case proceeds with the deceased’s information, but the beneficiary of any award is different. A wrongful death case can only benefit the dependents of the deceased. It means you have to prove that your loved one supported you financially.

How do damages work in a wrongful death claim?

A damage award is compensation in a personal injury or wrongful death case. Once a wrongful death case favors the survivors, the court rules on the number of damages. In this type of case, you may pursue the following financial awards:

  • Past and future earnings lost
  • Past medical expenses
  • Funeral costs
  • Companion loss
  • Day-to-day financial support

If your loved one succumbs to the injuries received in a car accident, you may want to push forward with a wrongful death action. While it cannot fill the void left by the loss, it can help your financial situation.