Wrongful Death Lawyer

The unnecessary or accidental death of a loved one can be devastating to the surviving family members. When this loss is due to the negligence of another, surviving families have legal rights and options to seek justice. The most common action to take is to file a wrongful death lawsuit, usually with the aid of a personal injury attorney. 

Wrongful death claims are civil actions made by the survivors of an individual who has passed away due to the negligence or misconduct of another. In these cases, the law allows the family members of the decedent (called “distributees”) to file a wrongful death suit seeking monetary damages. The wrongful death action is designed to provide compensation for relatives who depended upon the deceased for financial and emotional support. Wrongful death compensation from a wrongful death settlement or lawsuit can also be used to cover outstanding medical bills and other associated expenses.

Wrongful death occurs when negligence, recklessness, or deliberate behavior results in a fatality. Negligence refers to the failure of an individual to behave how a reasonably prudent person would have acted under similar circumstances. To establish that a wrongful death occurred, an attorney must prove that the individual had a duty of care to the deceased, their act or omission breached that standard of care, their wrongful actions were the proximate (direct) cause of the injury or death of the decedent, and damages resulted.

Some of the most common causes of wrongful death include:

• Car accidents
• Birth injuries
• Truck accidents
• Medical malpractice
• Workplace accidents

The court will consider a number of factors when determining the amount of damages for wrongful death to be awarded to the survivors of the deceased. These factors include the relationship between the survivor and the deceased, the amount of the deceased’s net income available to the survivor, the replacement value of the deceased’s services, and the life expectancy of all parties. As described below, an individual’s relationship to the decedent may entitle them to certain benefits.

Spouse: A surviving spouse may recover compensation for the loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.

Children: Minor children may seek compensation for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.

Parent: Each parent of a deceased minor child may recover compensation for mental pain and suffering from the date of injury. Each parent of an adult child may also recover compensation for mental pain and suffering if there are no other survivors.

All: Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death, reduced to present value. In addition, medical or funeral expenses due to the decedent's injury or death may be recovered by the survivor who has paid them.

In addition to the aforementioned compensatory damages, a court may also choose to impose punitive damages. Punitive damages are appropriate in situations where a party’s intentional, reckless, or grossly negligent actions result in a wrongful death. These damages serve to punish the offending party, as well as discourage others from behaving similarly in the future.

Following a loved one's death, you may want to pursue a wrongful death claim. A wrongful death attorney can be instrumental in handling such a sensitive issue, including bringing a wrongful death claim, determining the cause of death, reviewing all the damages in a wrongful death, investigating if any actions of others were negligent or wrongful, and handling the technical side of things so you and your family can focus on each other.

When you sue for wrongful death, some cases can be easier than others, and some cases may need to go all the way to court. At Morgan & Morgan, our experienced personal injury attorneys are trial lawyers who never settle for less and are ready and willing to see your case all the way through.

If you want to file a wrongful death claim following a family member's death, it is important to hire an attorney as soon as possible, due to the wrongful death statute of limitations. Each state has different rules for the amount of time following wrongful death accidents in which a family may file a wrongful death claim. Your attorney can assist you with filing in a timely manner to ensure you have chance to pursue compensation.

Morgan & Morgan has over 35 years of experience in wrongful death lawsuits, with a law office in every state and over 1,000 lawyers in America, we may have experienced wrongful death lawyers near you that can help you fight for the justice for a victim's death.