Wrongful Death
The untimely death of of a relative or spouse due to the negligence of others.

If you have had a spouse, child, or relative pass away due to, what you believe to be the negligence of another, you may have a wrongful death claim.  Unfortunately, the Courts cannot return your loved one to you.  Awards for a successful wrongful death claim come in the form of monetary compensation.  Similar to other tort claims, a wrongful death claim can address pain and suffering, emotional distress, loss of income, etc.

If you believe a loved one has been taken away because of negligence please call - (407) 841-5555

Everyone makes mistakes.  Nobody is perfect.  Those are truths that we accept in everyday life.  However, when those truths result in the death of a spouse, child, or relative, we have to take the situation with extreme seriousness.  What caused the death?  Was there anyway of preventing the death?  Was everything done that could have been done?  Was it inevitable, an accident, or a calculated risk of which you were informed?  These are just some of the questions that need to be answered when the grieving subsides.

Accidents do occur everyday.  That's why we are are required to maintain insurance on our automobiles, in our businesses, in our professions.  Negligence is another matter.  Negligence is the absence of due care and that standard is higher for professionals in their field of practice.  Of course, a wrongful death can occur in many ways; a car accident, medical malpractice, hunting accident, semi-truck collisions, defective products, nursing home negligence, unsafe railroad crossings and may also include criminal acts, work related negligence and professional negligence, etc.  The issue is whether the negligence of another contributed to the loss of life.

What is wrongful death . . .

In fact, the term "Wrongful death" means that a person's death was due to another party's negligence.  Such a claim can be filed against another individual, group or company. Wrongful death claims are similar to personal injury claims with the unfortunate fact of the death of the victim. A wrongful death claim is brought by the personal representative of the estate of the person who has died.

The filing of a wrongful death claim can be extremely difficult for families.  They not only must they deal with their grief over their loss, they must also deal with the legal aspects of the situation. It is important to keep in mind that the death may have been caused by the negligence of another. If so, the family has the right to seek compensation for their loss.

A claim for wrongful death may include monetary compensation for the following:

Reimbursement for all or part of the medical expenses.
Reimbursement for the loss of any future income.
Reimbursement for property damage.
Reimbursement for any future services typically provided to you by the person who has passed away.
Reimbursement for loss of consortium to the spouse.
Reimbursement for any punitive damages if the negligence was found to be criminal.

Time limits to make a claim . . .

Every State has a "statute of limitations" (the amount of time allotted to file a claim for negligence). You must protect your family's rights by making sure that the negligent party is held accountable for your loss and, although extremely hard, it is crucial that you preserve any supporting evidence and file your claim within the legal time limits.  The sooner you contact an attorney the better are your chances to succeed at receiving the compensation for your loss.

If you feel that a loved one has died due to the negligence of another, please call us immediately.  (407) 841-5555