A wrongful death case involves the premature death of an individual due to the negligence or fault of another. We have handled wrongful death claims arising from nursing home care, motor vehicle accidents, construction site accidents, premises liability, fires and explosions, medical malpractice and defective products.
When a wrongful death has been proven, the survivors or beneficiaries of the victim are entitled to compensation including the following:
an amount that will cover all hospital, medical, funeral, burial, and estate administration expenses incurred;
an amount that will fairly and adequately compensate the family of the decedent (wife, children, parents, etc.) for their loss of any contributions they would have received between the time of the death of the decedent and date of adjudication. This includes all amounts of money that the decedent would have spent for or given to her family for such items as shelter, food, clothing, medical care, education, entertainment, gifts, and recreation.
the value of all sums that the decedent would have contributed to the support of his or her family between today and the end of his/her life expectancy.
In addition to the monetary contributions that the decedent would have contributed to his/her family’s support, the survivors are entitled to be awarded a sum that will fairly and adequately compensate his or her family for the monetary value of the services, society, and comfort that decedent would have given to his or her family had he or she lived, including such elements as work around the home, provision of physical comforts and services, and provision of society and comfort.
If there are surviving children, they are entitled to be awarded an amount that will fairly compensate for the loss of the services that the decedent as a mother or father would have contributed to her or his children. It is the fact-finder’s [i.e., jury] duty to consider the monetary value of such services as guidance, tutelage, and moral upbringing that it believes the children would have received, up to the time it believes such services would have been provided, had the death not occurred.
If you believe that the death of a family member was a so-called “wrongful death”, please contact us.