Wrongful Death Lawyers - Morgan and Morgan Attorney
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Wrongful Death

Wrongful Death Lawyers

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Wrongful Death Lawyers

While taking legal action may not be a priority for those who have lost a loved one, it is important for survivors of the decedent to consider retaining a wrongful death lawyer as soon as possible.

In addition to the significant emotional trauma of having a loved one pass away, families may also face considerable financial difficulties without the support of the deceased. The compensation provided by a wrongful death lawsuit can help ease this financial burden.

However, there is a time limit for submitting a wrongful death claim. This time limit is called the statute of limitations, and may differ from state to state and each type of lawsuit. Once this time period expires, the courts no longer have the jurisdiction to punish violators and offer compensation to victims, and lawsuits may no longer be filed (except under certain circumstances).

The wrongful death attorneys at Morgan & Morgan have a long 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 one unexpectedly, fill out our free, no-obligation case review form today to see if one of our experienced wrongful death attorneys can help.

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FAQ

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  • Wrongful Death Definition

    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.

  • Elements of a Wrongful Death Case

    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
  • Wrongful Death Damages

    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.

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Jerri
Unbelievably organized, responsive and probably the most effective process-oriented group of people I've ever seen. Their preparation for mediation and trial is beyond comprehensive. Across two cases and 3 years, not once did anything fall between the cracks. Everyone I came into contact with exemplifies professionalism; they quickly resolved insurance issues and spent time educating me about everything affecting my cases.
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It has been an amazing experience with your law firm. I will be happy to refer any of my family and friends to your law firm. I am very thankful to Sabrina Thornburg and Andrew Felix for everything that they have done on my case. Sabrina kept in touch with me to let me know how everything was going and I am very happy with the service that she and Andrew provided. Your slogan really is true, you are for the people. Thank you.
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I was very happy with the communication between the legal counsel and myself. If I had any questions I could leave it if not directly and I would have an answer within 24 hours by either email or a courtesy phone call. Also, the quick resolution of the matter was something I appreciate very much. Needless to say the result was more than expected.
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I originally hired a different law firm after being involved in a multi-car accident on the interstate, but after a few conversations, arguments, and showing me other cases were more important than mine, I called and hired Morgan & Morgan! That was one of the best decisions I've made as an adult! Not only have they been in contact with me, but they listened and found mistakes in the crash report that the officer didn't want to admit to! I'm beyond thankful!
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