Wrongful Death
Achieving justice for your lost loved one through compassionate, aggressive and deliberate representation.
Losing a loved one is the most difficult thing anyone can go through – learning it could have been avoided makes it even more heartbreaking. In the horribly unfortunate event of a wrongful death, the victim’s family is left seeking answers. Whether the death was caused by an automobile, truck, medical malpractice or any other catastrophe, the victim’s family’s emotional suffering is exacerbated by the financial devastation. Further, the death of a family member results in the loss of a parent, spouse or sibling.
If you have lost a loved one as the result of the negligence of another party, the experienced wrongful death attorneys at Dross Berman, LLC are honored to help you find justice and recover the compensation needed to rebuild your lives. It is our greatest responsibility and greatest honor to help you hold the responsible party accountable.
Do I have a wrongful death claim?
If you have lost a loved one, there are several things you must prove to make a recovery. The victim’s family must prove that the responsible party was “negligent”. This means that the responsible party:
- Owed a duty to the victim;
- Breached the duty of care, or acted unreasonably;
- The responsible party’s breach was the proximate cause of the death; and
- The family must establish the full extent of their economic and non-economic losses.
Who in my family brings the wrongful death claim?
The claimants in wrongful death claims are usually the close family members of the deceased. This includes, but is not limited to, a spouse, parent, child or sibling. The person(s) who bring the claim on behalf of the deceased is dependent on his or her family make-up. If you were sufficiently financially and/or emotionally dependent upon the deceased, you can seek to recover damages. It is important to speak to your lawyer to determine who in the deceased’s family has a claim.
What is compensable in a wrongful death claim?
If a responsible party causes the death of a loved one, the law requires that the responsible party fairly compensate the victim’s family. This can include:
- Medical expenses incurred prior to the death;
- Funeral costs;
- Lost financial support;
- Loss of spousal companionship or parental guidance;
- Loss of services, including childcare, support and housekeeping;
- Mental and emotional anguish;
- In certain circumstances, such as intentional conduct or gross negligence, punitive damages to punish the wrongdoer for their conduct.
What is a survival action?
In certain, unfathomable circumstances, it can be proven that your loved one experienced pain or anguish prior to their death. The law allows for the deceased’s estate to bring a “survival action” to recover for the deceased’s suffering.
Why should I hire a wrongful death attorney?
The death of a loved one causes profound emotional turmoil and stress on a family. After the death of a loved one, important decisions need to be made that will have permanent financial and legal consequences. Insurance companies will take advantage of a family by making a settlement offer well below the fair value of the claim, or worse, attempt to extract information from the grieving family which can be used to deny or minimize the claim.
The stakes are high after the loss of a loved one. At Dross Berman LLC, our wrongful death attorneys have proven experience investigating and maximizing wrongful death and survival claims. We will work aggressively to ensure your family’s rights are protected, and achieve maximum compensation. If you have lost a loved one, and are unsure if you have a claim, it is better to be safe than sorry. Contact us online or call us at 240-403-7200 for a free consultation so we can make sure you are protected.