A family's worst nightmare is the loss of a family member following an accident. When this occurs there are resources available to your family and loved ones. These benefits include funeral expenses, grief counseling, compensation for loss of financial support and for the loss of guidance, care and companionship of the family member.

When a loved one is killed as a result of another's negligence, often surviving family members may have mixed feelings about making a monetary claim for the death. Certainly no amount of money can replace the departed loved one. However, a monetary award is the only way our system of law can recognize the value of the deceased's life and compensate for the death.

Damages for wrongful death can include both economic damages (projected lifetime income) and the loss of care, guidance and companionship.

Wrongful Death Lawsuits

Wrongful death claims are intended to provide monetary damages to a deceased person’s beneficiaries and dependents when the victim’s death was caused by another party’s negligent, careless, or reckless actions. Wrongful death lawsuits may arise from a variety of circumstances, including:

Auto Accidents

Business Related Accidents

Boating Accidents

Common Carrier Accidents

Medical Malpractice

Motorcycle Accidents

Nursing Home Abuse

Premises Liability

Products Liability

Traumatic Injuries

Truck and Trailer Accidents

In order to litigate a wrongful death case, the following must be present:

In order to prevail in a wrongful death claim, claimants must prove that the victim’s death occurred, in whole or in part, as a result of the defendant’s conduct, even if there wasn’t any intention to kill the decedent. At Samole, Berger & Hicks, P.A. our attorneys would attempt to evidence that the defendant(s) were negligent or strictly liable for the victim’s death and that a dependent party has suffered emotional and/or monetary damages as a result of the death.

Who is eligible to file a wrongful death lawsuit?

Dependents and immediate family members (including parents, spouses, and children) are usually eligible to file a wrongful death lawsuit. Minors may need an adult guardian to file a wrongful death lawsuit. Under some circumstances other family members may also be permitted to file suit.

To find out if you are eligible to file a wrongful death claim, contact our law firm and schedule a consultation. We can help you understand the relevant laws and get the compensation to which you are entitled.

Wrongful Death Damages

After a wrongful death, insurance companies often push for immediate settlement. The family of a victim should contact our attorneys to properly assess the ramifications of their loss. If wrongful death can be proven, the bereaved may be able to achieve compensation for:

Contact our law firm if a loved one has been killed due to the recklessness, negligence, inaction, or malpractice of another party. We will assist you with your wrongful death lawsuit and make sure liable parties are held responsible.

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