The Four Components that Constitute a Wrongful Death Claim

Although each state has its own wrongful death laws, there are four main components to a wrongful death claim, regardless of which state the claim is filed in.

All wrongful death claims  must have the following four components:

1. The death must have been caused by the defendant’s conduct, which means the defendant must have had some part in the death, although not necessarily the sole cause of the death. The actions, or in some cases, inaction of the defendant resulted in a wrongful death.
2. The defendant was either negligent or strictly liable for the wrongful death.   
3. A wrongful death can only be filed if the victim has a surviving spouse, child, beneficiary or dependent. In other words, there has to be a survivor that is financially damaged by the victim’s death.  
4. The purpose of a wrongful death lawsuit is to get compensation for the financial impact the wrongful death had on the victim’s loved ones. It may include compensation for medical costs, funeral costs, loss of income and/or future earnings.

Filing a wrongful death lawsuit will not only will get the compensation you deserve for your loss, it will also encourage individuals and organizations to consider their actions more carefully. Wrongful death laws are meant to act as a deterrent so that people conduct themselves in a more responsible and safe manner. The goal is to avoid the tragedy of a wrongful death from ever happening in the first place.

If you believe that someone you love has been the victim of a wrongful death, let an experienced wrongful death attorney from The Law offices of Leger and Associates  review your case. Call us today at 1 (800) 810-2884 to discuss your legal rights or fill out the FREE case evaluation  for an immediate response. We will fight aggressively for the compensation you deserve.

When consumers are not made aware of the any potential risk associated with a product, product designers, manufacturers and/or distributors can be held liable according to product liability law. Wrongful death product liability claims can be brought as the result of one or a combination of the following:

• Design Defects -Wrongful death liability due to a mistake or oversight in the design of a product, making it dangerous when used as intended or for another reasonable and foreseeable purpose.
• Manufacturing Defects – Wrongful death liability due to a defect in the manufacturing process.
• Marketing Defects – Wrongful death liability due to inadequate instructions or warning labels which could prevent a consumer from either recognizing a defect in the product or understanding how to use the product safely.
• Negligence – Responsible parties had an obligation to provide safe goods for their proposed usage; with reasonable care, responsible parties would have been able to detect the defect in the design, manufacture, or inspection process; Wrongful death occurred as a direct result of a failure to meet obligations prescribed by product liability law. Negligence claims can include: Problems inherent in the design of a product, carelessness in the manufacturing of a product and/or failure to warn consumers of potential dangers with a product. 
• Strict Liability – Wrongful death liability claim against a manufacturer, supplier, or retailer that is responsible for a defective product, regardless of fault or intent.
• Breach of Warranty – A violation of the actual written warranty associated with a product. A defect in the product making it unfit for its intended purpose and resulting in a wrongful death.

If you believe that someone you love has been the victim of a wrongful death due to an unsafe, dangerous or faulty product, let one of our experienced wrongful death attorneys from The Law offices of Leger and Associates review your case. Call us today at 1 (800) 810-2884 to discuss your legal rights or fill out the FREE case evaluation form for an immediate response. We will fight for the compensation you and your family deserve.

Statutes of limitations are in place because over time evidence is lost, people forget the important details of what happened and they also want to get on with their lives. Statutes of limitations encourages law enforcement agencies and the courts to handle wrongful death claims in a timely mannor.

However, any wrongful death case that is not filed before the prescribed deadline for that state will not be allowed to go to court, leaving the family members of the victim unable to recover damages for their loss. To avoid this unfortunate scenario, it is crucial that any one considering filing a wrongful death claim consult with an experienced wrongful death attorney without delay.

A qualified wrongful death attorney from The Law offices of Leger and Associates will work swiftly to file your wrongful death claim and do everything in their power to get you the financial compensation you are entitled to according to wrongful death laws. Call us today at 1 (800) 810-2884 to discuss your legal rights or fill out the FREE case evaluation form for an immediate response.

Glossary of Wrongful Death Terms

The following are legal terms specific to wrongful death:

Absolute Liability – Standard of tort liability (intentional acts and accidents) arising from inherently dangerous activity. 

Allegation – The claim of a fact by a party in a pleading for which the party claims to be able to prove.  An allegation remains an assertion until it can be proved otherwise. 

Assumption of Risk - Asserts that the plaintiff knew a particular activity was dangerous and bears all responsibility for a wrongful death that resulted

BAC (Blood and Alcohol Level) – Measurement of the amount of alcohol in a person’s bloodstream. The legal BAC limit is .08%.  Under the age of 21, the legal BAC limit is .02%

BAL (Breath alcohol level or blood alcohol level) – Measurement of the amount of alcohol in a person’s bloodstream. The legal BAL limit is .08%. Under the age of 21, the legal BAL limit is .02%.

Compensatory Damages – Reimbursement to a family member for the exact dollar value they lost due to a wrongful death, which could include: medical expenses, funeral costs, loss of income, future earning capacity as well as pain and suffering. 

Contributory Negligence – A person injured, partially due to his own negligence, is not entitled to collect damages from the accused party. 

Damages – Monetary compensation as a result of a wrongful death due to the negligence or unlawful misconduct of another person or entity.

Defective Product – Product causing a wrongful death due to of a defect in the product, such as: design defect or manufacturing defect.

DUI/DUII - Driving under the influence of drugs, alcohol or a combination of   drugs and alcohol.

Duty to Warn -  Legal obligation to warn people of a danger which would include manufacturers of hazardous products, such as cigarette smoking warning labels, drug side affects, harmful chemicals in cleaning products, etc.

DWI – Driving under the influence of drugs, alcohol, a combination of drugs and alcohol or driving while impaired. 

Medical Malpractice – When a wrongful death occurs due to the negligence of a health care provider, such as a doctor or hospital. 

Misdiagnosis – Medical professional failure to properly diagnose or identify a patients medical condition. Doctor can be held liable if a wrongful death resulted from a misdiagnosis or as a result of negligence.

Prescription Error – When a patient receives the wrong medication, improper does of medication or is not given medication at the right time, resulting in a medical malpractice wrongful death. 

Pecuniary Damages – Economic or financial loss as a result of a wrongful death due to the surviving family, such as: loss of income, future earning capacity, medical and funeral experiences, etc. (Pain and suffering would be considered non-pecuniary damages). 

Punitive Damages – In rare cases where the court determines that the defendant engaged in obvious and excessive reckless behavior, the court may assign to the plaintiff monetary awards over and above compensation.

Statute of Limitations – An established legal deadline to file a lawsuit after the date of a wrongful death. After the specific legal deadline, surviving family members lose their right to sue for compensation.

Wrongful Death – A wrongful death is a type of lawsuit that is brought on behalf of the surviving family members of a person who has died due to negligence or misconduct of another.

If you believe that someone you love has died as the result 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.

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.

Wrongful death laws state that compensation awarded for a wrongful death shall be fair and just compensation for financial or ‘pecuniary injuries’ due to the death of a loved one.  A wrongful death suit can be filed by a spouse or family member(s) of the deceased as compensation for the following: 

• Mental/Emotional Anguish
• Loss of love and Loss of companionship 
• Loss of Earning Capacity, Support and/or Lost Wages
• Funeral and/or Medical Costs

How Pecuniary Loss is Determined

Pecuniary loss takes into consideration the age of the victim, his or her earning capacity, health and the individual circumstances of the victim’s family members or distributees. The process of determining loss may sound cold and heartless, but the measure of damages is based primarily on pecuniary loss. For example, for an adult with dependants, the victim’s earnings at the time of death as well as potential future earnings would be assessed in the compensation award.  Along with earning capacity, damages for loss of  parental care and nurturing  would also be considered.  

Pecuniary Loss Involving a Child or Elderly Person

Determining pecuniary loss in a wrongful death that involves a child or elderly person is more difficult. Unlike an adult death, where the financial loss to the family is more quantifiable, the loss of a child does not have the same measurable pecuniary considerations. Family members and loved ones may find it difficult to get financial compensation due to the limited means of assessing potential income. Compensation for the elderly can also be limited, especially when the deceased is no longer considered to have earning potential. It is important that you hire a skilled attorney with experience in wrongful death settlements  involving children and the elderly.

If you have lost a loved one and believe it is the result of a wrongful death, please call The Law offices of Leger and Associates at 1 (800) 810-2884 or fill out the FREE case evaluation for an immediate response.  We are here to get you the compensation you are entitled to.

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.