I SPECIALIZE IN

WRONGFUL DEATHS

I WILL FIGHT FOR YOUR CASE

-Dan McCrary

1_21_180314024256_adesivo-de-parede-prof

McCrary Personal Injury Attorney

A wrongful death claim occurs when a party’s negligent conduct results in the death of another. The surviving family members can file a suit on behalf of the deceased person, also referred to as the decedent. While a successful wrongful death suit will not bring the victim back, it can allow the victim's loved ones to receive compensation for their loss.

A wrongful death lawsuit proceeds much like other personal injury cases involving negligence. [hyperlink to personal injury section]. However, the available damages are different in a wrongful death lawsuit. If a jury decides that the decedent’s family members proved the claim against the defendant for the death of their loved one, they then decide how much money will reasonably compensate them.

The family members do not have to prove the exact amount of these damages. The damages fall into two categories called economic damages and noneconomic damages.

Economic Damages

Types of Economic Damages include (1) The financial support, if any, that the decedent would have contributed to the family during his or her life, (2) The loss of gifts or benefit that the family member would have expected to receive from the decedent; (3) Funeral and burial expenses; and (4) The reasonable value of household services that the decedent would have provided.

Noneconomic Damages

Categories of noneconomic damages include: (1) The loss of decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support, (2) The loss of the enjoyment of sexual relations; or (3) The loss of decedent’s training and guidance.

No fixed standard exists for deciding the amount of noneconomic damages. A jury must use its judgment to decide a reasonable amount based on the evidence and their common sense.

Survival Action

Typically, we will file a survival action along with the wrongful death action. While a wrongful death action compensates the surviving family members for their losses, a “survival” cause of action compensates the estate for losses suffered by the decedent prior to death.

In a survival action the estate seeks to recover damages that occurred after the negligent act, but before the death. These damages include medical bills, lost wages, and damage to property. In certain circumstances punitive damages are also available in survival action, where they would not be in a wrongful death case.

If you lost a spouse or family member due to someone’s wrongful conduct you must immediately hire an experienced attorney to assist you. You are suffering enough after the death of a loved one. You should not have to worry about navigating the complex legal process on your own.