What Determines Wrongful Death

A wrongful death is the result of a victim killed due to negligence or misconduct by another, whether it is an individual, company or entity. The ‘distributees ‘ of a wrongful death claim are the immediate family, which may include the surviving spouse, children or parents of the deceased.

Wrongful death claims are different from normal negligence lawsuits, which are filed by the individual that was injured for the resulting damages. In wrongful death, the victim’s survivors are entitled to monetary damages as a result of improper conduct or negligence.

Every state has its own set of civil wrongful death statutes, which establish the procedures for wrongful death actions, yet they all have in common 3 general principles, which include:

1. The death was caused, in whole or part, by the conduct of the defendant.
2. The defendant was negligent or strictly liable for the victim’s death.
3. There is a surviving beneficiary of the victim such as a spouse, child or children, parents, or other dependant.

 A wrongful death claim could result from the following circumstances:

• An automobile, motorcycle, airplane, helicopter or boating accident.
• A medical malpractice resulting in decedent’s death.
• Criminal behavior.
• Occupational exposure to hazardous conditions or substances.
• A death caused by negligence during a supervised activity.

Over the years, individual states have passed wrongful death laws that provide compensation for individuals who may have been damaged from the wrongful death of a loved one and all states have some form of wrongful death claim action in place.

 If you believe you are a surviving victim of wrongful death of a family member or loved one, please contact an experienced attorney at Wrongful Death Laws to handle your claim. We will get you the compensation you and your family are entitled to.

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Surviving The Wrongful Death of A Loved One

A Wrongful death is always unexpected, leaving families unprepared for the overwhelming grief that ensues. The pain of losing a loved one is often so immobilizing that those left behind have difficulty dealing with their everyday life. Survivors are not only faced with important legal decisions regarding a wrongful death, they must also make other important decisions that could have a significant impact on their family’s financial future. These types of decisions are difficult enough without the mental and emotional strain of grief  added to the mix. It is important that survivors know they are not alone during this extremely painful time and that there are numerous resources available to help them get through it.

The first step in a wrongful death situation is to hire an attorney who understands wrongful death laws, knows how to investigate the circumstances, determine liable parties and get the maximum settlement for you and your family.  An experienced and competent wrongful death attorney will take care of the legal details so that you and your family can take care of yourselves.  

Wrongful Death Resources

In addition to hiring an experienced wrongful death attorney to handle the complicated matters of a wrongful death,  there are other resources available that can offer valuable information and assistance in a variety of areas, such as:

• Bereavement/Grief Support Groups and Counseling: Enlist family and friends to help locate the numerous social services agencies, grief support groups, religious organizations and medical professionals that are available (See list below).
• Insurance Companies: Make sure an attorney, family member or trusted friend carefully looks over benefits on insurance policies, including life insurance, mortgage insurance, pension and survivor benefits.  
• Social Security Agency: Contact should be made right away for death benefits and/or survivor benefits for any dependent children.
• Tax Planning, Probate and Estate Administration: Have an experienced lawyer handle any necessary changes to documents, probate and property title transfers to reflect changed reality.

 Resources For Managing Pain & Loss Due To Wrongful Death

 Specific resources for coping with grief and bereavement:

• The Substance Abuse and Mental Health Services Administration  (SAMHSA) – A division of the United States Department of Health and Human Services.  Information resourced for coping with the loss of a  loved. 
• The Compassionate Friends -  A self-help support organization for those grieving the loss of a child or sibling.
• Caring Connections - A program that is part of the National Hospice and Palliative Care Organization (NHPCO).    
• Fernside -  Grief information and resources for grieving children and their families.
•  Mental Health America (MHA) – Resources and information on coping with bereavement.
• Growth House, Inc -  Information and resources on death and dying issues.
• GriefNet - On-line grief support community with over 50 monitored support groups covering the loss of a  loved one.
• Transformations  -  A forum for self-help, support, and recovery. 

If you believe your loved one was the victim of a wrongful death, please call an experienced wrongful death attorney at The Law offices of Leger and Associates : 1 (800) 810-2884 or fill out the FREE case evaluation for an immediate response.