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WRONGFUL DEATH

 

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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.

 

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. 

 

We don’t just provide legal services;

We build relationships.

It gives us a genuine satisfaction to meet and help you in some meaningful way.

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.

Please visit our testimonial page and see what other clients have to say about us.

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

Visit our M & M Community to view our blogs and forums and leave your comments. 

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Personal Injury Specialty  Areas

Personal Injury Overview

Defective Products

Medical Malpractice

Birth Injuries

Vehicle Accidents

Slip and Fall

Wrongful Death

Brain Injuries

Eye Injuries 

Construction Accident

Lead Poisoning

Asbestos 


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