Wrongful Death Lawyers

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 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 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.

At Morgan & Morgan, our attorneys understand the hardships a family faces after a wrongful death and are dedicated to seeking fair compensation for these individuals. To learn more about your legal options following an unexpected death, contact us today by filling out our free, no-obligation case review form. See everything we have to offer on our full site.

Our attorneys work in a variety of personal injury areas, including some you might encounter that could compound your wrongful death case, like medical malpractice. Learn more about the specifics of personal injury lawsuits here.