The Victim’s Family versus the Victim’s Estate in a Wrongful Death Case
The Victim’s Family versus the Victim’s Estate in a Wrongful Death Case

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Alexandria, VA 22311
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When an individual dies because of another party’s negligence, the victim’s family may file a wrongful death claim to seek compensation for their financial damages related to the death. These damages can include the victim’s medical costs before his or her death, his or her funeral expenses, and the losses of the individual’s income, employment benefits, and companionship felt by his or her family.


In a wrongful death claim, certain damages are compensable to the victim’s immediate loved ones and others are compensable to the victim’s estate. This is an important distinction to make – although the victim’s beneficiaries do receive much of the victim’s estate after his or her death, the compensation the estate receives does not go directly to them and may be used to repay the victim’s debts.


Which Assets Belong to the Victim’s Estate?

Through a wrongful death claim, the following damages may be compensated to the victim’s estate:

  • The victim’s medical expenses related to his or her final injury or illness;
  • The victim’s funeral and burial costs; and
  • Any pain and suffering, such as mental anguish, the victim experienced between his or her accident and eventual death.


Which Assets Can be Claimed by the Victim’s Family?

The victim’s spouse, children, and in some cases, other dependents can also recover compensation through a wrongful death claim. These individuals can receive compensation for the losses they experienced directly because of the victim’s death, such as the following:

  • Their own mental anguish surrounding the death;
  • The loss of the victim’s guidance, companionship, and love;
  • The loss of the victim’s noneconomic contributions to his or her household, such as domestic tasks and household management;
  • The loss of the victim’s regular income and employment benefits like health insurance; and
  • The loss of the inheritance the victim’s loved ones could have recovered if not for his or her premature death.


Work with an Experienced Alexandria Wrongful Death Lawyer

Losing a loved one to an accident is devastating. In some cases, you can avoid the financial losses associated with a loved one’s death through a wrongful death claim. To learn more about this process and the compensation you are entitled to receive, contact our team of experienced wrongful death lawyers at Kamerow Law Firm, PLLC today to set up your initial consultation with us.