Wrongful death and survival action cases are some of the most emotional and difficult cases we see in our law practice, but they are cases that we fiercely believe in. Family members are left devastated when they lose a loved one due to someone else’s fault and even though we cannot bring back their loved ones, we can fight for a recovery that will reimburse them for bills and expenditures related to the accident and that will protect their financial future.
Common wrongful death cases
We see many different types of wrongful death cases, but the following cases are the ones that we see most often.
- Medical malpractice – A medical professional’s negligence caused a patient’s death such as a mother or child dying during childbirth or anesthesia complications.
- Car accidents –A fatal car accident caused by someone other than the decedent.
- Pedestrian and bicycle accidents – Pedestrians and bicyclists are fatally injured in an accident caused by a negligent motor vehicle driver.
- Commercial vehicle accidents – Commercial vehicle passengers are fatally injured or passengers in other motor vehicles are killed in an accident caused by a commercial vehicle.
- Product liability – Defective product cases that result in fatal injuries.
- Criminal conduct – Even when a defendant is facing criminal charges for conduct that caused someone’s death, he or she may also end up as a defendant in civil wrongful death action brought by family members of the decedent.
- Workplace accidents – Workplace accidents resulting in fatal injuries.
- Drownings – Wrongful death drownings include cases where a victim drowns because of negligent supervision or dangerous pool conditions.
Wrongful death and survivor actions
Depending on the particular facts and circumstances, there are actually two causes of action that may be brought in cases of a person being killed as a result of someone’s negligence or intentional conduct.
- A wrongful death claim relates to injuries and damages that close family members of the deceased sustained as a result of losing their loved one. These injuries and damages may include loss of financial support, loss of emotional support and services, and funeral and burial expenses.
- A survival claim relates to the injuries and damages that the deceased suffered between the time that the accident occurred and his or her death. These injuries and damages may include medical bills, pain and suffering, and lost wages.