A wrongful death case stems from an act of negligence that contributed to or caused a fatality. From one state to another, wrongful death statutes vary. States have some restrictions with regard to wrongful death claims and lawsuits. Contact us to discuss your family member’s fatal auto accident or death due to medical malpractice.
Limitations of ‘s Wrongful Death Statute
In particular wrongful death statute limits the elements of damage that a jury can consider when determining a verdict after a fatal accident. The jury is allowed to consider the level of earnings that the decedent previously contributed to a family as wage earner and as a provider of comfort, advice and companionship — but not pain and suffering of the person before death, and not the family’s emotional pain of grieving.
Maximization of Compensation Through Experienced Legal Advocacy
With these types of limitations in place, it is very important to have an experienced, aggressive attorney advocating for your family. At our law office, we work hard to help a family left behind to move forward financially after an accidental death of a loved one. Contact our lawyers to schedule a no-obligation consultation at a mutually convenient time and place. If you are out of state, we are willing to consult with you by phone or perhaps travel to your location.
Examples of Strategies in Wrongful Death Cases
Some of our lawyers’ time-tested strategies on wrongful death practice include the following:
An extensive exploration of all possible sources of compensation. Some life insurance policies provide for payout of double benefits in the case of an accidental death, for example. Also, there may be an umbrella policy in the name of the injured person or the negligent person — allowing for collection of significant monetary benefits.
Detailed investigation into the lifetime earning capacity of the person who lost his or her life in an accident.
Extensive preparation of persuasive, compelling arguments in support of maximum payout of benefits (by way of settlement or verdict) of a death policy.