Wrongful Death Law
My sincere condolences if you have lost a loved one due to someone else’s negligence or reckless actions. Losing a loved one is not only tragic, but if that person was a family breadwinner, in addition to the loss, the family must also deal with sudden and severe financial ramifications and how to pay the bills.
My objective is to recover for injured families every dollar that they are owed from all those responsible. In many cases, there may be more than one person or entity responsible.
I know the pain and financial uncertainty that families must go through during this tragic time. I and my firm provide full service representation, not only in providing legal representation in seeking damages, but also assisting in insurance and other matters that may be associated with a loved one’s death.
What Types of Compensation May Be Available in a Wrongful Death Case?
Property Damage, Medical and Burial Expenses
Property damage such as the loss of a wrecked vehicle, medical expenses, and reasonable funeral and burial expenses all may be recovered.
Qualifying dependent family members are also entitled to recover for the lost wages that would have been provided by their loved one. A spouse, for instance, may be entitled to the wages that would have been earned by the decedent spouse until such person would have retired. For instance, if the decedent was 50, and those in the decedent’s profession or occupation typically retired at age 65, the spouse may be entitled to 15 years’ worth of lost wages.
The calculation for lost wages is difficult and typically requires vocational and / or financial experts. It is the job of these experts to determine the compensation that the decedent would have earned, taking into account matters such as promotions, bonuses, and contributions to retirement plans. Once this amount is known, the future forecasted compensation amounts must be discounted to arrive at a present value.
Ultimately, a jury will have the final power to decide the appropriate amount of consideration for future wages based upon the presentation of experts at trial. It is my job to retain highly experienced experts so that they can convince a jury of what amount is fair and just.
Loss of Consortium
In general, loss of consortium refers to the loss experienced by a family member due to the loss of their loved one. Husbands and wives will have a unique void if their spouse dies. So too, a child will have a void from losing a parent, and a parent will have a void from losing a child.
Punitive damages are available in some instances to “punish” those who engage in particularly reckless conduct. For instance, if a company knowingly sold contaminated food, or if truck driver chose to drive a truck even though he knew that the brakes were defective, these situations might lead to punitive damages. Punitive damages are determined by a jury, and it is up to the jury to determine a proper “punishment” given the facts and circumstances of a case.
Pain and Suffering Prior to Death
In some circumstances and jurisdictions, the pain and suffering experienced by a person prior to death may also be compensable.
Call to Schedule a Free, No-Obligation Consultation
I and my firm accept wrongful death cases on a contingency fee basis, meaning there is no fee unless a recovery is obtained. Let me help you and your family.
“Mark took over my car accident case from another attorney that I fired. Mark worked hard on the case for several months to get ready for trial. Shortly before trial he got a settlement that was six times more than the offer my first lawyer tried to get me to take.“