Wrongful Death Is:
The claim of family members or heirs of a person whose death was caused by negligence or product defect.
Wrongful death includes:
- Car accidents resulting in death
- Fatal construction site accidents
- Defective products causing death
- Other accidental fatalities
wrongful death - an attorney's overview
"Wrongful death" claims are negligence or personal injury claims that involve the death of an injured person. While the "rules" are the same, the damages and procedures vary, and the stakes, in some cases, are significantly higher, especially where "gross negligence" has occurred. Death cases are generally the only personal injury cases where punitive damages can be awarded for an injuring party's recklessness.
These are "high stakes" cases, and are obviously not taken lightly by insurers. The families of persons wrongfully killed require a "high stakes" attorney - someone who has litigated death cases; understands the various damages issues, including some of the many problems of proof described above, combined with the economic and vocational issues regarding family support cut short by the death of a family provider; the emotional issues caused when a father, mother or child is killed; and the appropriate law that will allow these issues to be placed before the jury so that the true impact of death comes home to them.
Again, I am not a stranger to wrongful death litigation. I have litigated, tried and settled wrongful death cases at the federal and state level.