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Practice area

Wrongful Death

Claims brought by surviving family after a death caused by negligence.

Overview

A wrongful death claim belongs to the survivors and, in most states, is brought through the personal representative of the estate. Who may recover and what they may recover is set by statute and varies considerably from one state to the next.

Damages typically combine the economic loss the family has suffered — support, services, funeral costs — with the loss of companionship, and in many states a separate survival claim for the pain the decedent experienced before death. Those are distinct claims with distinct proof, and they are frequently under-pleaded.

Injuries we see

Wrongful Death results

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Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case.

Wrongful Death questions

Who is entitled to bring the claim?

Usually the estate's personal representative, on behalf of the statutory beneficiaries — commonly a spouse, children, and sometimes parents.

Can we still bring a claim if there was no dependent income?

Yes. Loss of companionship, guidance, and household services are recoverable in most states independent of lost earnings.

How does a criminal case affect ours?

They run separately. A civil claim uses a lower burden of proof and can succeed whether or not charges are filed or a conviction is obtained.

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