In this case, the surviving spouse can file a wrongful death claim. If there is no surviving spouse, then children or next of kin can file the claim. Damages are apportioned among surviving relatives, and they can include:
Any amount the deceased would have been entitled to had he survived his injuries (medical expenses, pain, and suffering, etc.);
Funeral and burial expenses;
Loss of financial support by the deceased;
Compensation for emotional suffering and deprivation; and
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