Wrongful Death Attorneys
A wrongful death action is the statutory right to sue accorded to the surviving family members of a person whose death was caused by the wrongful, negligent, careless, unjust, or reckless act of a person or entity. It claims that the victim's survivors are entitled to monetary compensation for damages incurred as the result of the improper conduct.
While all states have some form of a wrongful death claim action in force, they drafted their unique "wrongful death statutes" independently, resulting in many variations between jurisdictions. However, there are some general principles that apply. Typically, wrongful death claims include four elements:
- Death was caused, in whole or in part, by the conduct of the defendant
- The defendant was negligent or strictly liable for the victim's death
- There is a surviving spouse, children, beneficiaries, or dependents
- Monetary damages have resulted from the victim's death
Damages permitted in a wrongful death case typically include medical and burial expenses, compensation for the victim's pain and suffering, and losses suffered by the family. These can include loss of financial support, service, gifts or valuable gratuities, parental training and guidance, and companionship.
Typically, state statutes govern the allocation of damages among the victim's heirs and it is subject to court oversight. Courts are generally free to approve distributions as well to certain family members who would not otherwise be legal heirs of the decedent's estate. This can cause animosity among family members, stir up power struggles between multiple wrongful death lawyers and personal injury attorneys representing family members, and make wrongful death actions more complicated and stressful to negotiate. When a wrongful death occurs, a thorough investigation and evaluation of the cause(s)--conducted by a personal injury attorney with direct experience handling wrongful death actions--is always the best way to proceed. Once cause and liability are determined, a wrongful death attorney and can help his or her clients reach an informed decision about whether or not to pursue a wrongful death lawsuit or other legal option.
The skilled personal injury lawyers and accident attorneys at Schwartz Roller LLP and its affiliate law firms have successfully resolved a large number of complex wrongful death lawsuits against corporations, nursing homes, individuals, and municipalities. They understand the intricacies of investigating, litigating, negotiating, and resolving wrongful death claims and are experts at effectively presenting wrongful death cases before insurers and juries. Our resources include a top-notch team of professional investigators and experts who can analyze the evidence and help our wrongful death lawyers obtain swift justice and maximum cash awards for medical bills, pain and suffering, loss of support, and all other related losses and expenses.
If someone in your family died as the result of the wrongful, negligent, careless, unjust, or reckless act of a person or entity, contact the law offices of Schwartz Roller LLP. A wrongful death attorney on our team can offer you a free, confidential evaluation of your case, advise you of your rights, and determine the best way to recover compensation for damages.
What's My Case Worth?
Contact us today and learn how we can help you understand your legal rights!CLICK HERE