On This Page
- Wrongful Death Litigation Focused on Justice for Families
- What Qualifies as a Wrongful Death Claim
- Lost a Loved One Due to Someone Else’s Behavior?
- Who Can File a Wrongful Death Lawsuit
- Types of Compensation Available to Surviving Families
- How Our Wrongful Death Attorneys Can Help
- FAQs About Wrongful Death Claims
After a loved one has died, it is easy to feel overwhelmed by medical bills, insurance calls, missed work, and uncertainty about what comes next. Our role is to make the process clearer, protect your interests, and help you understand your legal options from the start.
We represent individuals who have been harmed due to negligence or intentional conduct and need trusted legal guidance. Whether the injury resulted from a car accident, truck accident, unsafe property conditions, defective products, or another preventable event, our firm works to build a strong claim and pursue just compensation for our clients.
Every case is different. That is why we take the time to understand the facts, assess the impact of the injury, and develop a strategy based on each client’s specific needs and goals.
Everyone accepts that death is a part of life. Even if you have time to prepare yourself emotionally, the loss of a loved one can still be devastating. Those feelings of depression and loss are compounded when the death is not expected.
The worst-case scenario is when death could have been prevented if not for the negligent tortious actions of others. In that situation, you could be dealing with a wrongful death.
Whether a wrongful death is caused by another driver or a medical professional, you do have recourse to seek compensation. No amount of money can make up for the loss, but it can provide for your family’s financial security.
What Qualifies as a Wrongful Death Claim
A wrongful death is a fatality that was caused by another party’s “wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued.”
A wrongful death can result from the following circumstances:
Motor Vehicle Accidents
A driver who causes a fatal crash and is found to be intoxicated, distracted, or driving recklessly can be held liable for a wrongful death. That also holds true for negligent truck drivers.
Medical Malpractice
Doctors are not infallible. A fatal error made by a doctor is not intentional, but it can be an act of negligence.
Premises Liability
Unsafe conditions on commercial or private property can lead to a fatality, and the property owner and/or staff could be held responsible.
Product Liability
Dangerous or defective products that cause a fatality can mean the manufacturer or distributor can be held accountable for the death.
Who Can File a Wrongful Death Lawsuit
A wrongful death must be filed by the personal representative of the decedent’s estate. Typically, this would be the designated executor of the estate, who is often a spouse.
It is important to note that a wrongful death claim can only be filed by a single person.
However, that person can represent all the surviving beneficiaries. Those beneficiaries include a spouse/partner, children, parents, and, if designated by the decedent, extended family members.
Types of Compensation Available to Surviving Families
Seeking compensation for a wrongful death is not about putting a “price” on someone’s life.
It’s about supporting a family by covering the financial burdens caused by the death.
This compensation is considered economic, which is quantifiable, and non-economic, which is intangible.
Your wrongful death attorney can help you calculate a fair compensation settlement that includes the following:
Economic Compensation
- Funeral and Burial Expenses
- Medical Expenses
- Lost Future Income
- Loss of Household Services
- Loss of Inheritance
Non-Economic Compensation
- Loss of Companionship
- Loss of Guidance
- Mental Anguish
There could also be punitive damages awarded to the estate. These occur if it is established that the liable person acted in a malicious, intentional, or extremely negligent manner.
Finally, the estate can ask for survival action damages. That would apply to any pain, suffering, or other expenses that the decedent endured between the accident and ultimate passing.
How Our Wrongful Death Attorneys Can Help
At Troutman & Judge, we understand how important it can be to resolve a wrongful death matter as part of the healing process. We’ll step in and become a fierce advocate for the family and work diligently to help them receive the maximum compensation they are entitled to.
If we decide to support your claim, we’ll take over the communications with the relevant insurance carrier. That can lead to earnest negotiations to resolve the matter. If those negotiations don’t yield a fair amount, we might suggest filing a civil complaint. Although a lawsuit might prolong the final settlement, it might be the only way to achieve accountability.
Our attorneys are standing by to provide you with the guidance you need to make an informed decision about the best course of action for a wrongful death claim.
Call to schedule a free consultation to discuss the matter.
Peace of mind begins with getting your questions answered.
Yes, a civil wrongful death lawsuit is entirely separate from any criminal proceedings. You can pursue a civil claim for financial compensation even if the defendant is acquitted or never charged in criminal court. The burden of proof is lower in civil cases, making it possible to achieve justice through a settlement or verdict.
Most wrongful death lawyers, including Troutman & Judge, LLC, work on a contingency fee basis. This means there are no upfront legal fees, and the firm only gets paid if they successfully recover compensation for your family. This arrangement allows grieving families to pursue justice without financial risk during a difficult time.
Free Consultation
We represent those who have been injured in personal injury, consumer harm, mass torts, and other complex civil matters. Reach out to start the conversation.
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