Bertram & Murphy
A wrongful death suit is filed as a consequence of an injury inflicted on a person which resulted in his or her death, and the effect of loss that the death caused for the lives of the people who depended on him for support, both in financial and emotional aspects. Wrongful death typically occurs when…
A wrongful death takes place when a person is killed because of the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent’s immediate family members. Usually these cases are brought by surviving spouses and children, and sometimes parents. A suit for wrongful death may only be…
The purpose of a wrongful death law is to allow compensation for the family or representatives of the estate for their financial and emotional losses. You may be able to recover damages for lost wages and benefits, the value of household services, and the loss of companionship, comfort, and care that your family endured. The…
A criminal case can only be brought by the government or state. On the other hand, civil cases are brought in the name of individuals, not in the name of the state. In a criminal case, the prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. A…
A survival statute allows the estate of an injured person to be compensated for that individual’s losses. Because the injured party has passed away, the survivors or beneficiaries pursue the law suit on the behalf of the deceased or the estate of the deceased. We recognize that not all families set up estates after the…
The victim’s survivors are entitled to sue for monetary damages as a result of the improper conduct. The survivors who can file wrongful death usually must be appointed “representative” of the deceased’s estate. This is usually the victim’s spouse, children or parents. We recognize that not all families set up estates after the death of…
If the person dies of the injuries that would have been the subject of the lawsuit, then the representative or heirs the lawsuit is converted into a wrongful death/survival act lawsuit; depending on the state, they may include the personal injury lawsuit, too. If the person who was injured dies of other causes, then the…
While a wrongful death award compensates the survivor, a pain and suffering award normally compensates the person who experienced the pain and suffering. Some states allow pain and suffering to be included in a wrongful death lawsuit; others do not. The pain and suffering must have been due to the injuries that eventually caused death,…
Yes. The calculation of damages, however, may be different than if a parent who supported a family had passed away. It is likely focus on the non-monetary contributions or the services that the deceased provided to the family.
Determining how much the death of a loved one is worth is a critical aspect of any wrongful death claim. It is also the most difficult part of the claims to generalize. The amount depends on your very particular circumstances. The attorneys at Bertram & Murphy will be objective about your case and will not…
