Wrongful death occurs when the reckless or negligent behavior of another results in a death. This may happen because of a motor vehicle accident, a work-related accident, a defective product, or due to a number of other reasons. To establish that you have a wrongful death claim, you must prove the individual or entity had a duty of care to the deceased, that the reckless or negligent behavior did not meet the standard of care, that the reckless or negligent acts were the direct cause of the death, and that the reckless or negligent behavior resulted in damages. In determining damages, the court may consider the amount of the deceased’s income, the loss of companionship, the amount of medical and funeral costs expended, and the relationship between the deceased and the survivor – the spouse, children and parents may each be entitled to various forms of benefits. If the court determines that the negligent party’s actions were intentional, reckless or grossly negligent and that the acts resulted in the wrongful death, the court may impose punitive damages to punish the perpetrator and to discourage others from acting in a similar manner.
Because the deceased victim cannot tell his side of the story, it is important that action be taken quickly to preserve potential evidence and to investigate the incident in question which led to the death of your loved one. While filing a lawsuit may not be a priority to those who have recently lost a loved one, it is important to consider investigating as soon as possible. If a loved one has died because of the recklessness or carelessness of another, call Wolff Ardis, P.C., and we will move quickly to assist you and your family, and we will help you through this most trying of times.
For more information regarding the wrongful death of a loved one and what actions need to be taken to hold those accountable for your loss, please contact our office by calling 901-763-3336 or online by clicking here.The negligent conduct or fault of another, whether a person or a corporation, which results in the death of someone is referred to as “wrongful death.” A wrongful death includes a situation where a family member is injured due to someone’s fault or negligence, and later dies as a result of the injuries the family member received from the accident. The law allows those who were dependent on the deceased, or who were his beneficiaries, to file suit asking for monetary damages to help the survivors better deal with the financial difficulties they may face without the support of the decedent. Although nothing can bring back a loved one, a wrongful death action may provide financial compensation as well as some closure. These cases are difficult to deal with in many respects, but most importantly because you are coping with the loss of a loved one. The Wolff Ardis law firm will treat you with the dignity and respect you deserve and will do all we can to make such a trying time a little easier to bear.
