The circumstances revolving around any wrongful death lawsuit are always of a tragic and devastating nature, and we understand this. Wrongful death cases arise when a person is killed as a result of negligence of another person or entity. Wrongful death cases are typically brought by surviving members of the victim’s family. Generally, the suit is brought by the spouse, children or parents of the deceased individual. If the deceased person was not married, had no children or parents, then a sibling may have a cause of action to bring the lawsuit. Each state has different laws regarding who may file a wrongful death case.
A wrongful death lawsuit is not a criminal prosecution, but a civil claim to provide recovery for the family of the decedent. This recovery can come in the form of lost income, loss of love, care, companionship and consortium, pain and suffering prior to death, and punitive damages. State laws vary about the types of compensation allowed in wrongful death cases.
Types of Wrongful Death Cases
Wrongful death lawsuits can arise from several tragic scenarios including auto collisions, construction accidents, medical malpractice, work injuries, defective product use and any other circumstances in which the negligence of another caused a death.
There are also wrongful death statutes to allow parents to sue for damages for the death of an unborn baby due to malpractice, an accident or defective product.
In every wrongful death case we take, we give assurances to the family that we will get the full picture of their loved one’s life and get to know them on a personal level before we even begin the litigation process. The attorneys at McGonagle Spencer Gahagan, P.C. know that the family is grieving and enduring an extremely difficult time, and we want to help in the healing process and not exacerbate it. We know that money will never bring a loved one back or make the family feel whole again, but we promise to get the maximum recovery possible so the family may move forward without enduring financial hardship caused by the death.