Wrongful Death Information

Wrongful Death 2009/01/09 10:41
The Wrongful Death Attorneys at Ringler Kearney Alvarez LLP want to help you get a better understanding of Wrongful Death and what it means to you.  Please review the following information and contact us immediately if you have a wrongful death claim.

What Is A Wrongful Death?


“Wrongful Death” can involve all types of circumstances, incidents, or accidents, any of which result in death, no matter what the cause. If the death was the result of negligence or wrongdoing, a claim for wrongful death can arise.

Who Is Entitled To Recover?

All surviving family members, including husbands and wives, parents and children, and brothers and sisters, are able to bring a claim. In some cases, financially dependent children, not related by blood, are also entitled to assert a claim.

How Does Wrongful Death Happen?

Any time the death of a loved one could have reasonably been prevented,a potential case of “wrongful” death exists. Typical cases include:
  • Medical malpractice resulting in immediate or eventual death of the patient
  • Automobile accidents with fatalities
  • Airplane crashes and other accidents involving common carriers, like trains or buses
  • Neglect or abuse by nursing home personnel that leads to the death of a resident
  • Premises liability cases where a death is involved
  • Supervised events, such as football games or class trips,where someone is responsible for the safety of those under their care and supervision

    How Do You Quantify What Has Been Lost?

    The answer is you can’t. It is not possible to put a dollar figure on the loss of a cherished loved-one. No money will adequately substitute for their presence. However, wrongful death cases usually calculate compensation based upon one or more of the following:

  • Economic damages, including loss of financial support or contributions the loved one would have made to surviving family members, lost income, and lost future income
  • Non-economic damages, including loss of love, companionship,comfort, and guidance, now missing as a result of the untimely death
  • General damages, including pain and suffering experienced by the deceased person
  • Medical bills
  • Funeral and burial expenses

    You Can Help Us To Build A Case

    In the difficult time immediately following the loss of a loved-one, you likely have a million things on your mind. You can, however, begin to build a case for yourself and your family by remembering to write down or journal your recollection of events and circumstances leading up to the passing of your family member. In medical malpractice or neglect cases, for example, answer such questions as:

  • Who was responsible for the care of your loved-one?
  • What were medical personnel supposed to be doing?
  • What did they actually do, or fail to do?
  • What did you see them do?
  • What do you recall medical or nursing home personnel saying?
  • What did your loved one say to you and when? (very important)
  • Who may have witnessed events leading up to the death?

    As you go through the grieving process, remember that it is important to act quickly to preserve your legal rights. So don’t put off too long seeking out an experienced wrongful death attorney who can help you answer these questions.
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