Wrongful Death

A wrongful death is legally defined as a death caused by the misconduct or negligence of another person or legal entity, such as a commercial company. A wrongful death can be the result of a number of circumstances, such as aircraft or automobile accidents, drunk driving, defectively designed products, failure to diagnose a fatal disease, construction of an unsafe building or criminal activity.

Wrongful death laws, which exist in all 50 states and vary from state to state, generally provide the ability for a decedent's beneficiaries to file a lawsuit for a death that was caused by a wrongful act or negligence of another. The types of damages recoverable in a wrongful death lawsuit will vary depending on the jurisdiction. Below are some examples of types of damages that may be recoverable:

  • Pain, suffering or mental anguish suffered by the survivor of the decedent
  • Loss of companionship, care or protection
  • Loss of anticipated future earnings the deceased would have provided
  • Lost benefits from the death, e.g. pension or retirement benefits
  • Expense associated with the death, e.g., medical bills and funeral costs
  • Loss of inheritance from an untimely death

In order to pursue a wrongful death suit, there must be sufficient evidence of the following factors:

  • The death of the victim was caused by negligence or misconduct of the defendant
  • The action in question would have otherwise entitled the victim to legal action for recovery of damages had the death not occurred
  • There are surviving beneficiaries or dependents, such as a spouse or children
  • Financial hardship or damage was incurred by the surviving beneficiaries as a direct result of the victim's death

If a loved one has died as a result of a wrongful act or negligence of another, you may be eligible to receive compensation under the law. Our experienced attorneys would like to take an opportunity to discuss your case with you and evaluate your legal options. Call us at 800-525-8028 or contact us online for a FREE consultation.

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