How Are Wrongful Death Claims Calculated?

It takes strong evidence to establish liability for wrongful death, and an experienced Morgan & Morgan lawyer can help. We can use all of our experience and resources to establish the following:

• The defendant had a duty of care. In most wrongful death cases, “duty of care” means that people in positions of responsibility must behave so that they do not endanger others. For example, it could be claimed that reckless drivers breach their duty of care by disobeying traffic laws and putting others on the road at risk. 
• The defendant violated their duty of care. After proving duty of care, the plaintiff must next establish how the defendant violated it. For a traffic accident, this could mean proving that the driver recklessly ignored traffic and safety laws; or, for medical malpractice, the plaintiff must prove healthcare personnel provided negligent care.   
• The breach of care resulted in death. The next step would be for the plaintiff to establish that the violation directly resulted in wrongful death. Defense teams will likely claim that the death occurred because of other causes; your attorney will fight to prove that it was the violation itself that ultimately caused the death.

Wrongful death lawsuits are calculated by the harm caused to both the victim and the survivors, typically the victim’s family, filing the lawsuit. To calculate compensation, the court will total all the associated economic and non-economic damages, including:

• Medical bills
• Loss of earnings
• Lost benefits of the deceased
• Funeral expenses
• Property damage
• Pain and suffering
• Mental anguish of survivors
• Loss of consortium
• Punitive damages

If you are grappling with unexpected expenses and debt, you may wonder if you can afford a wrongful death attorney. 

You can always afford Morgan & Morgan because we work solely on a contingency basis—meaning that you never pay a penny out-of-pocket. Your initial consultation is free and there is no fee at all unless we win your case. 

At Morgan & Morgan, we understand that the unexpected loss of a loved one can leave you reeling—especially if it was due to neglect. We are on your side, and we’d like to help. 

When you sign on with us, you’re not just hiring a lawyer—you are tapping into an army of 1,000 lawyers and 3,000 team members who are ready to fight on your behalf.

We are deeply experienced in each state’s laws regarding wrongful death lawsuits and know what it takes to prove liability and how to negotiate for your best settlement. And if the other side’s offer is too low, our expert trial-ready lawyers are never afraid to take your case to court.

We fight for the People, not the powerful. Fill out our free, no-risk case evaluation form today and find out for yourself why there’s only one Morgan & Morgan.