Wrongful death refers to an action by the representative of a decedent to recover damages from the person who wrongfully killed him. The wrongful death action is a right of action which does not arise until death and is brought for the benefit of decedent’s dependents. The claim is brought by the executor or administrator of the decedent’s estate who is appointed by the probate court to bring the claim on behalf of the spouse, children, parents or other next of kin that has suffered damages by reason of the wrongful death. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally or financially by the family member’s death. Those damages include loss of support from the decedent, loss of services of the decedent, loss of society of the decedent, loss of prospective inheritance to the decedent’s heirs-at-law, and mental anguish incurred by the beneficiaries.
In wrongful death matters, it is important that measures be taken promptly to preserve evidence, investigate the incident that gave rise to the death, obtain the appointment of an executor or administrator by the probate court, and file a lawsuit prior to the deadline imposed by the statute of limitations. These are matters we can help you with. If a loved one has been a victim of wrongful death, call Falke & Dunphy, LLC now at 937-222-3000 or 1-800-322-1410. The initial consultation in wrongful death matters is free of charge, and if we agree to accept your case, we will provide our legal services on a contingent fee basis, which means we receive legal fees only if there is a monetary award or recovery of funds. Don’t delay! Family members may have a valid claim because of the death of a loved one and be entitled to compensation, but a lawsuit must be filed before the statute of limitations expires.