Wrongful Death

An Unexpected and Pain Loss

Wrongful death claims are some of the most tragic family matters. A loved one or friend has been killed by the negligence of another person or company. In the event this has happened to a loved one please call attorney Terry Duncan, Damon Duncan or Melissa Duncan.

As a family member, you may be entitled to a money settlement or verdict based upon your loved one’s pain and suffering before death, medical expenses, funeral expenses, and future earnings that your loved one could have earned. Someone’s negligence should not cause a lifetime of suffering by relatives of the deceased person. The person who caused the accident usually has insurance that covers these expenses. A large verdict or settlement will not bring back your loved one, but I am sure that your loved one would want financial security for you so that you would not have to struggle through life because of the negligence of another that caused their death.

More information about wrongful death:

In order to bring a successful wrongful death suit, the following elements must be present:

The death of a human being;

Caused by another’s negligence, or with intent to cause harm;

The survival of family members who are suffering monetary injury as a result of the death, and;

The appointment of a personal representative for the decedent’s estate.

Wrongful death claims can happen as a result of many different circumstances, for example:

Automobile, airplane or other vehicle related accident;

Medical malpractice that results in death;

Criminal behavior;

Occupational exposure to hazardous conditions or substances;

Work related death during a supervised activity.

Financial compensation is the main measure of damages in a wrongful death action. Courts have interpreted “pecuniary injuries” as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Various factors including the age, character and condition of your loved one, his or her earning capacity, life expectancy, health and intelligence, as well as the circumstances of the surviving relatives.

If a loved one has died after an accident or injury caused by the negligence or misconduct of another individual, company or entity, you may be entitled to bring a legal action for wrongful death against those responsible. Especially in light of time deadlines for filing such a lawsuit, you should contact us as soon as possible, to discuss your legal rights and your potential case.