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How Are Wrongful Death Claims Calculated?

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How Are Wrongful Death Claims Calculated?

The unexpected passing of a loved one is traumatic enough. However, if you suspect the death was the result of someone else’s negligence, it can be unbearable. 

Has someone close to you died as the result of a car accident, poor medical care, or a criminal act? If so, you may be experiencing intense grief and unanticipated expenses, as well as the nagging question of whether those responsible will ever be held accountable.

If you believe the death of your loved one occurred due to neglect or misconduct, contact Morgan & Morgan. We have more than 30 years of experience fighting for full and fair compensation for the loved ones of wrongful death victims. Since our inception, we have recovered $13 billion across all areas. 

Now let us put our expertise to work for you too.

You may wonder: how can anyone put a dollar amount on a human life? While nothing can bring a loved one back, a legal award can help cover bills and give survivors some measure of justice. Wrongful death claims can be successful if they meet two requirements: first, the plaintiff must prove that the defendant bore some responsibility for the death in question; second, all associated damages are totaled to reach a settlement or court award. 

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  • How Do You Meet the Burden of Proof?

    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.
  • How Are Awards and Settlements Calculated?

    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
  • Can I Afford a Lawyer?

    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. 

  • Contact Morgan & Morgan

    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 800 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.

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Marlon B.
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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.
Antonia C.
Slip and Fall
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.
Todd E.
Homeowners Insurance
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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