Facing a Wrongful Death
The wrongful death of a loved one is a tragic experience for many families. It can be overwhelming when a family member’s death occurs due to reckless behavior, negligence, or an intentional act by another. Families are torn between grief, confusion and anger. They want to know why the fatal accident happened, they want answers and are fearful of losing their financial security, especially if the decedent contributed monetarily. A wrongful death law firm can help the family recover their loss and punish the wrongdoer.
How the Morris Law Firm Can Help
Over the years, the attorneys at the Morris Law Firm have helped many families when the unthinkable happens. They offer compassionate service with the diligence and legal acumen you want. By easing the financial troubles families experience, they are able to help the family members pay for funeral and burial costs and household expenses.
While the family's enormous grief will not be eased nor will the emptiness they feel be extinguished, filing a lawsuit against the wrongdoer will give them a measure of closure. It will also bring justice for their loved one’s demise.
What Is a Wrongful Death?
A fatality is termed a wrongful death when a person is killed due to another’s negligence or intentional act. Many circumstances are considered a wrongful death:
- Car accidents
- Common carrier accidents such as those occurring on a train or bus
- Construction site deaths due to negligence
- Farm accidents
- Canine attacks
- Premises liability accidents involving elevators, escalators, slips and falls or sidewalks
- Defective products in household items, automobiles or others
- Truck accidents
What Can the Family Recover
The monetary compensation that results from a wrongful death lawsuit are:
- Funeral and burial expenses are recoverable.
- Lost wages up to the decedent’s retirement age for both employees and independent contractors can be claimed by the family.
- Job benefits, commissions, tips and other perks are reclaimable.
- Loss of consortium filed by a spouse is permitted.
- Loss of inheritance can be included in the lawsuit.
- Children, both adopted and natural can file for the loss of their parent.
- The family could file a survival action if the decedent lived for a period before expiring. A survival action is not meant to compensate the family for their loss. Instead, it is meant to punish the wrongdoer and prevent future similar events. Punitive charges against the at-fault party are permissible if the accident is egregious. These are usually much higher than compensatory damages.
- A spouse can file loss of consortium.
Who Can File a Wrongful Death Lawsuit?
The following family members can file a claim:
- The spouse of the deceased can file a lawsuit.
- The decedent's children can file as long as one-half of their support came from the deceased.
- The grandchildren of the decedent can file if the parent predeceased the decedent.
- The deceased’s parents can also file as long as they received support from the decedent.