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Losing a loved one is difficult enough, but losing someone you love due to an avoidable accident is horrific and devastating. Taking legal action in the wake of their death may not be on your mind, but it is important for surviving members to consider retaining a wrongful death lawyer as soon as possible.
Along with the emotional pain of losing a loved one, families may also face financial hardships in the wake of the death. The compensation provided by a wrongful death lawsuit can help alleviate this financial burden.
The wrongful death attorneys at Morgan & Morgan have an established history of recovering compensation that recognizes the value of the deceased and helps the surviving family recover from their loss.
If you have lost a loved in an unexpected tragedy, we can help deliver justice. To find out what our Prestonsburg attorneys can do for you and your family, please fill out free case evaluation form today.
Wrongful Death Definition
Wrongful death claims are civil actions made by the survivors of a loved one who has passed away because of the negligence of another. In these claims, the law allows the family of the deceased to file a wrongful death suit seeking monetary damages. The wrongful death action works to provide compensation for relatives who depended upon the deceased for financial and emotional support.
What Constitutes a Wrongful Death Case?
Wrongful death can be attributed to recklessness, negligence, or deliberate actions that result in a fatality. 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, and that their wrongful actions were the direct cause of the injury or death of the deceased.
Some of the most common causes of wrongful death lawsuit:
- Birth Injuries;
- Car Accidents;
- Medical Malpractice;
- Workplace Accidents;
- Motorcycle Accidents;
- Boat and Jet-Ski Accidents;
- Truck Accidents; and
- Defective Drugs and Products.
Damages Available in a Wrongful Death Lawsuit
The following types of damages are available in a wrongful death lawsuit:
Medical and Funeral Expenses: Through a wrongful death lawsuit, the surviving spouse and certain relatives of the decedent may be able to recover medical costs incurred as a result of the incident that lead to the victim’s death. In addition, funeral expenses may be recovered through a wrongful death lawsuit.
Conscious Pain and Suffering: The victim’s spouse and relatives may be able to receive compensation if the decedent was conscious and aware of their impending death or expressed pain during their death.
Destruction to Labor and Earn: The victim’s spouse and family members may be able to receive compensation for the value of lost earnings and retirement benefits. To determine the value of this loss, our wrongful death attorneys will work with economic experts who will review the decedent’s employment history and explain to a jury, if necessary, the economic loss that the decedent suffered as a result of the wrongful death.
Loss of Consortium: The surviving spouse may be awarded compensation for the loss of services, assistance, aid, society, and companionship of his or her loved one as a result of their wrongful death. Surviving parents may be awarded compensation for the loss of love, affection and companionship of their minor children as a result of their wrongful death. Likewise, minor children may be awarded compensation for the loss of services, assistance, aid, society and companionship of their parents as a result of their wrongful death.
Punitive Damages: Although rare, punitive damages are awarded by courts in cases involving intentional, reckless, or grossly negligent conduct. Punitive damages are intended to discourage others from engaging in similarly dangerous behavior.
Contact a Prestonsburg Wrongful Death Attorney Today
At Morgan & Morgan, our attorneys understand the difficulties that a family may face in the wake of a loved one’s wrongful death, and are dedicated to seeking fair compensation for these individuals. To learn more about your legal options following an unexpected death in Prestonsburg, please fill out our free case evaluation form today.