Name: Phone: Email: Comments/Questions:

Wrongful Death
 

“Wrongful death” cases arise from a variety of circumstances, including vehicle crashes, medical malpractice, dangerous or defective products, workplace and job-related mishaps, and construction site accidents. A wrongful death occurs when a person is killed as a result of the negligence or misconduct of another person, company, or entity.

At The Abelson Law Firm, our mission is to provide the very highest level of legal representation to our clients in an effective and compassionate manner. The loss of a loved one causes turmoil and hardship. During this difficult time, it is important for the family to receive expert advice and representation from an experienced attorney.

Negligence must be proven in wrongful death cases. We are highly skilled in helping clients prove four critical components of negligence. Generally speaking, they are that:

1. the defendant had a duty to the deceased and/or to members of the public,

2. the defendant failed in that duty (breach of duty),

3. the fatality was caused by the defendant’s breach of duty, and

4. the survivors are damaged as a result of the loss of their loved one.

In addition to establishing negligence, the joint life expectancy of the deceased and/or the survivors may be presented, e.g. to establish the financial dependence upon the deceased. The relationship of the survivor(s) with the deceased must also be shown. Effective presentation of the non-economical or emotional loss suffered by the survivor(s) is critical to fairly compensate the survivors for the death of their loved one.

Some but not all states authorize surviving family members to be compensated for both economic and non-economic losses, including loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society. Some states also allow surviving family members to be compensated for their personal grief and suffering. Who is entitled to sue and the damages that can be sought vary from state to state and are controlled by written statutes. A wrongful death cause of action generally includes the claims of husbands, wives, children, parents and those family members who were financially dependent upon the deceased.

Wrongful death is part of a “personal injury” or “tort” cause of action. The word “tort” essentially means that a wrong has been committed which has caused injury or death. The primary goal of a personal injury case of this type is to provide financial relief to the plaintiff for both economic and non economic damages. Often times this type of case will deter the defendant from inflicting further harm to others.

The primary goal of money compensation is: (1) to fix what can be fixed, (2) to help what can be helped, and (3) to make up for (balance) what cannot be fixed or helped, e.g. past and future pain, mental anguish, grief, loss of enjoyment of life, and losses that cannot be treated in the future.

Every wrongful death statute includes a statute of limitations, which restricts the time between the wrongful death and the time legal action is taken. In a non-fatal personal injury case, a statute of limitations usually begins when the injury occurs. In a wrongful death case, the statute of limitations typically starts at the time of death. There are exceptions and in some situations the statute of limitations in a wrongful death case may be extended based on circumstance.

Get legal help from experienced attorneys today. If you have lost a loved one due to another’s misconduct or carelessness, please contact The Abelson Law Firm. Our attorneys will protect your rights with insurance companies and make sure that you are treated fairly. Protect yourself and your loved ones by calling for a free and confidential consultation. There is no obligation, so please contact us online; consult@abelsonlaw.com or by phone toll free 1-888-797-4242 or 202-331-0600.