Wrongful Death

When an individual dies as a result of another person's negligence, certain survivors (generally including immediate family members of the victim) may bring a wrongful death suit against the responsible party.

The damages that are recoverable
in a wrongful death claim:

• ◊ Immediate expenses associated with the death (medical and funeral); 
• ◊ Loss of future earnings and/or support if the person had lived; 
• ◊ Loss of benefits caused by victim’s death (pension, retirement, medical
     coverage, etc.); 
• ◊ Pain or suffering or mental anguish to the survivors; and 
• ◊ Loss of companionship, care, and protection to the survivors; 

Damages are determined by:

• ◊ How dependent the plaintiff (the person bringing the claim) was on the
     decedent; 
• ◊ The nature of the plaintiff’s relationship with the decedent; 
• ◊ The anticipated life span of the decedent; 
• ◊ The anticipated earnings and other benefits of the decedent; and 
• ◊ The presence of any comparative fault. 

In addition to these damages, if the decedent experienced conscious pain and suffering before death, a claim on behalf of the estate may be brought to recover for that conscious pain and suffering. This part of the claim is not technically part of the wrongful death claim, but becomes an asset of the estate and is distributed as all other assets in the estate are distributed.

You need a lawyer who handles wrongful death to adequately analyze all the intricacies involved and protect your rights to be fully compensated for your damages.

Do not make any type of statement
or sign any papers without first consulting with us

Anything said or signed can be used against you and may prevent you from receiving compensation that you may have otherwise been able to receive.

Contact Us if you have been injured. It is important that you act promptly as certain statutes of limitations apply and you can lose your rights to be compensated.

The initial review of your case and the consultation is free. We look forward to working with you and we know you will be pleased with our services.

See FAQs for more information.

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The entire staff of the McDermott and McDermott Law Firm is knowledgeable and sensitive to your needs. Their focus is on making the process as comfortable as possible.

  ◊ They explain everything to you,
  ◊ keep you informed,
  ◊ include you in the decision making process,
  ◊ and always return your phone calls.

Your matter is handled as expeditiously as possible without compromising your rights.

Check our Resources area, there you will find links to many helpful services.