Wrongful Death

Losing a loved one or family member is a dreadful experience, especially when it occurs as the result of someone else’s negligence or misconduct. A suit for wrongful death may be filed when a person dies due to someone else's negligence, reckless act, or intentional act. Most wrongful death suits are based on negligence, requiring you to prove that the wrongdoer had a duty to act in a certain manner, failed to act in such a responsible manner (breached the duty), and caused the death of your loved one through their failure.

Each state has different rules regarding who can sue for wrongful death. Generally you must be a personal representative (a person who manages the affairs of another because of incapacity or death), child, spouse, or parent of the person killed. For instance, if your friend is killed you cannot sue for wrongful death. However, if your husband or wife is killed due to another’s negligence or actions, you may well have legal recourse in the matter, in addition to grounds for possible criminal prosecution. People typically sue for wrongful death to recover the value of lost monetary support. Some states allow certain close family members to recover for mental anguish caused by the death of the loved one.

If you believe the death of a family member may have been caused by the negligence or misconduct of another person or entity, seek the counsel of an attorney. The Wilbur Smith Law Firm will evaluate your case free of charge. To have an attorney with our firm evaluate your case, please call (239) 334-7696 or contact the firm online.