Wrongful Death

Wrongful death is the legal term for one person's death caused by another person's negligence, recklessness, malpractice, or lack of action. A wrongful death lawsuit is a claim filed by the surviving family members on behalf of their loved one. Family members do so in order to recover damages for the emotional and financial cost of their loss - and because in many cases, it may be the only way to hold the liable party accountable.

Wrongful death lawyers help families to review the circumstances of their loved ones' death and legally establish who was responsible. If your loved one was killed and you believe another person or party was to blame, you may have a potential wrongful death case, and you should contact a wrongful death attorney to discuss your legal options. A lawsuit is probably the last thing on your mind - but pursuing a claim against the negligent party can do three very important things:

  • A wrongful death claim can hold the negligent party responsible;
  • A wrongful death claim can protect your family in cases where the deceased was the primary wage-earner and you are left without means to pay the mortgage, put food on the table, or pay for your children's education;
  • A wrongful death claim may prevent another family from suffering a similar loss in the future - often, companies are forced to institute stricter safety regulations or other steps following a lawsuit.

Lawyers and firms within The Law Firm of America network have helped many families with the legal process of filing a wrongful death claim. We understand that you have enough challenges ahead; the very least we can do is to provide qualified, experienced, and compassionate legal representation. We will work hard on your behalf to protect your family's interests.

Who can file a wrongful death claim varies from state to state, but in general, immediate family members including parents, spouses, and children are eligible to file a claim. For minors, the law may require the need for an adult guardian to take a wrongful death lawsuit to court. Additionally, other family members - such as stepparents, grandparents, and dependents, may also be permitted to file suit in some states.

The type of damages you may be able to recover also varies according to state law. Damages in a wrongful death suit may include:

  • Medical and funeral costs;
  • Lost wages, including future earnings;
  • Lost benefits;
  • Lost inheritance;
  • Pain and suffering;
  • Mental anguish;
  • Loss of support or companionship;
  • General damages; and
  • Punitive damages (damages intended to "punish" the defendant, in cases where the court feels the wrongful conduct was particularly malicious or egregious).

If you are eligible to file a claim and decide to pursue a wrongful death suit, it's extremely important that you work with an experienced wrongful death lawyer. A knowledgeable wrongful death attorney will help you gather important evidence, understand the relevant law, complete necessary paperwork and filings, and prepare a convincing wrongful death lawsuit. You should also contact a personal injury attorney as soon as possible, because wrongful death lawsuits are governed by a statute of limitations that establishes a time limit in which you can file a claim.

Wrongful Death

Personal Injury

Class Action