At SMT Legal, our wrongful death attorneys frequently represent family members who have lost loved ones due to someone else’s fault. Often family members come to us to look into their recovery rights due to losing a loved one, but they are unsure whether or not they actually want to make a claim. We know wrongful death cases are tragic and the end result will not bring back their loved ones, but based on our experience, financial recoveries help take away some of the financial uncertainty and stresses that a grieving family often suffers after the loss of a loved one.
What is a wrongful death claim?
When someone negligently, recklessly, or intentionally causes another person’s death, specified family members of the deceased may be permitted to recover for losses they suffered as a result. Often these damages include, but are not limited to, loss of the decedent’s financial support, companionship, and services. Funeral and other expenses related to the injury and death may also be recoverable.
What is a survival action?
Survival actions may be available in some cases when someone’s bad acts cause another person’s death depending on the specific circumstances of each case. Survival actions are brought by the decedent’s personal representative on behalf of the decedent’s estate. Recoverable damages may include, but are not limited to the decedent’s pain and suffering sustained caused by the injury prior to his or her death and sometimes lost wages as well.
Types of wrongful death cases that we handle
- Medical malpractice : Medical malpractice occurs when a medical professional is negligent and that negligence leads to his or her patient’s injury or death.
- Car accidents : When a fatal car accident is caused by someone else’s negligence or recklessness, wrongful death claims are frequently made.
- Construction accidents : Wrongful death claims are common when an innocent bystander dies in a construction accident or when a construction worker dies at a construction site due to a third party’s negligence.
- Falls : Fatal falls sometimes occur as a result of a dangerous condition on someone else’s property. Homeowners, business owners, and government entities have a duty to keep their property safe from dangerous conditions that may cause injuries to visitors.
- Dog attacks : Unprovoked dog attacks unfortunately sometimes result in fatalities.
- Defective products : Dangerous and defective products that sometimes result in fatalities include pharmaceuticals, medical devices, automobile defects, and other dangerous consumer products.
- Violence/assault : When violent acts lead to wrongful death, it does not matter if there is a criminal proceeding; a wrongful death case may still be brought in a civil court.