HomeWrongful Death Attorney

350+ reviews

Wrongful Death Attorney

Schedule a free consultation

No fee unless we win

Legally Reviewed by:

Jonathan Rosenfeld - J.D

November 12, 2024

Over $450 Million worth of case results
Awarded The Best Lawyer in 2024 by U.S. News
3,000+ Satisfied clients

When you’ve lost a loved one due to the negligent or wrongful actions of another, no amount of compensation can truly make up for your loss. However, pursuing a wrongful death claim may provide some measure of justice and financial stability during this distressing time.

A skilled wrongful death attorney from Rosenfeld Injury Lawyers will understand both the emotional weight and legal complexities this situation entails.

Table of Contents show

Why Choose Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we are dedicated to securing justice and maximum compensation for family members affected by wrongful death. Our experienced wrongful death lawyers specialize in handling these sensitive and complex cases, with a proven track record of achieving substantial settlements and verdicts in civil court.

$14,005,000

Fatal injuries following fall off construction project

$12,333,000

Fatal sepsis due to post-surgical complicaitons

$6,000,000

Fatalily following fall off truck sleeping compartment

$5,000,000

Fatal injury in work-related automobile accident

$4,565,000

Fatal fall from unprotected skylight on a roof

$3,250,000

Stillbirth following fetal distress and no C-section

We thoroughly investigate every detail to ensure all damages, including medical bills, lost income, funeral expenses, and pain and suffering, are fully addressed. With our deep expertise in wrongful death claims, we provide emotional support and navigate the legal complexities effectively and fight tirelessly to protect your family’s rights.

Book a free consultation

What Is Wrongful Death?

Wrongful death is defined as a death caused by the negligence, recklessness, or intentional wrongful act of another party that results in the loss of life. Legally, wrongful death claims can be pursued by the deceased person’s surviving family members or the decedent’s estate representatives seeking compensation for the damages suffered as a result of the death.

These damages can include loss of financial support, loss of companionship, loss of emotional support, funeral expenses, and emotional distress. The objective of wrongful death statutes is to provide a legal remedy to close relatives of the deceased person, holding the responsible parties accountable for their actions.

The specifics of who can file a wrongful death lawsuit and what exactly they’re entitled to depend on the state where the death occurred, so it’s important to speak with a wrongful death lawyer to determine the next steps.

Speak with a wrongful death lawyer

Common Causes of Wrongful Death

Understanding the common causes of wrongful death is crucial in identifying and preventing such tragic events. Below are some of the primary cases of wrongful death.

Workplace Accidents

Workplace accidents are a significant cause of wrongful death and encompass a wide range of incidents. These can occur in industries, such as construction, manufacturing, transportation, and agriculture, where workers are often exposed to hazardous conditions.

Common causes include falls from heights, machinery malfunctions, electrocution, and exposure to toxic substances. Employers have a legal duty to provide a safe work environment, and failure to adhere to safety regulations or adequately train employees can lead to fatalities.

When a worker dies due to employer negligence, the family may be able to pursue a wrongful death claim to seek justice and compensation. Given the complexities involved in proving negligence and calculating damages, it is essential to consult with a qualified attorney.

Motor Vehicle Accidents

Motor vehicle accidents are another leading cause of wrongful death, often resulting from negligent or reckless driving behaviors. These accidents encompass a variety of situations, including car accidents, motorcycle accidents, truck collisions, and pedestrian accidents.

Common factors contributing to motorized vehicle accidents include driving under the influence of alcohol or drugs, distracted driving, speeding, and violating traffic laws.

In many cases, defective vehicle parts or poor road conditions can also play a role. When a wrongful death occurs due to these accidents, the responsible party—whether a negligent driver, a vehicle manufacturer, or a government entity responsible for road maintenance—can be held accountable through a wrongful death claim.

Defective Products

Defective products represent another category within accidental death claims. This type of wrongful death lawsuit arises when products with design flaws, manufacturing defects, or inadequate warnings and instructions lead to fatal injuries.

Common examples include malfunctioning medical devices, unsafe automobiles, hazardous household products, and faulty industrial equipment. When these tragedies occur, it is essential to determine the liability of the various entities in the product’s supply chain, such as manufacturers, suppliers, and retailers.

Establishing this type of wrongful death claim involves demonstrating that the product in question was unreasonably dangerous when used as intended or in a foreseeable manner.

This often requires thorough investigation, expert analysis of the product, and the compilation of evidence showing the defect and how it directly caused the family member’s death. Additionally, plaintiffs typically need to prove that the product was being used according to the manufacturer’s guidelines and that no significant alterations were made after purchase.

Medical Errors

Medical negligence constitutes another significant category of wrongful death cases. A medical error can occur when healthcare professionals such as doctors, nurses, or medical facilities deviate from the standard of care, leading to the death of a patient.

Common causes of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, and failure to provide appropriate treatment. Birth injuries and anesthesia errors also fall under this category.

Medical malpractice claims are particularly complex, requiring a detailed understanding of medical procedures and standards of care. Proving negligence in these wrongful death cases often involves acquiring expert testimony and extensive medical records review.

Consulting a skilled wrongful death lawyer specializing in medical malpractice is crucial to effectively navigate these legal proceedings and recover financial compensation.

Call our law firm toll-free

Eligibility to File a Wrongful Death Claim

Understanding who can file a wrongful death claim is critical to ensuring that the legal process is initiated correctly. The eligibility to file wrongful death cases varies by state, and it’s essential to be aware of these regulations to avoid potential setbacks.

Immediate Family Members

In most jurisdictions, an immediate family member of the deceased person, such as:

the deceased person’s parents,
the deceased person’s surviving spouse, or
the deceased person’s surviving children,

are permitted to file wrongful death claims following their loved one’s death. These individuals are considered to have the most direct and significant impact from the loss and are prioritized in the eyes of the law.

Extended Surviving Family Members

In certain states, extended family members like siblings, grandparents, and other relatives may also be eligible to file a wrongful death claim. This eligibility generally depends on the deceased’s familial and financial dependence relationships.

If the extended surviving family member had a close and supportive relationship with the deceased and thus suffered a significant impact from their loss, the courts may allow them to pursue a wrongful death claim.

Representatives of the Estate

In many states, a designated representative of the deceased person’s estate is eligible to file a wrongful death claim, and in some states, only the personal representative is able to file a wrongful death action for wrongful death damages.

This representative is often appointed through a will or by a court if no will exists. The role of the estate representative is to manage the deceased’s affairs, which includes initiating legal actions to recover compensation on behalf of the decedent’s estate and its beneficiaries.

The compensation awarded through a wrongful death claim benefits the beneficiaries even though they aren’t personally filing the claim.

Consult a wrongful death lawyer

The Role of a Wrongful Death Lawyer

Wrongful death cases are intricate and emotionally charged, requiring the expertise and specialization of an experienced legal professional. An experienced wrongful death attorney plays a pivotal role in navigating the complexities of these personal injury cases, ensuring that the deceased’s family’s legal rights are fully protected and that they receive the wrongful death compensation they rightfully deserve.

Here’s how the wrongful death attorneys at Rosenfeld Injury Lawyers can help you take legal action against the negligent party.

Expertise and Specialization

A wrongful death lawyer has a comprehensive understanding of wrongful death laws and is well-versed in the legal statutes and intricacies specific to these cases. This specialized knowledge enables us to provide competent legal counsel and confidently handle the unique aspects of wrongful death matters.

Our experience in managing complex cases ensures that they are equipped to address all legal challenges effectively.

Investigation and Evidence Gathering

One of the critical functions of a wrongful death attorney is to conduct a thorough investigation to determine liability and establish negligence. This involves collecting substantive evidence such as police reports, medical records, and witness testimonies.

By gathering and analyzing this information, the attorney can build a wrongful death case that demonstrates the wrongful actions leading to the death of the deceased.

Legal Representation and Advocacy

A wrongful death attorney advocates for the rights of the deceased’s family by filing a civil lawsuit, negotiating settlements, and representing clients in court. Our role involves drafting legal documents, presenting evidence, and making compelling arguments to achieve the best possible outcomes.

Our expertise allows us to navigate legal proceedings, ensuring that the family receives fair compensation for their loss.

Support and Guidance for Grieving Families

Beyond their legal duties, wrongful death attorneys provide invaluable support and guidance to grieving families. We offer compassionate advice, help clients understand their rights, and maintain open communication throughout the legal process. Our empathetic approach helps families cope with emotional turmoil and ensures they are supported at every stage.

Book a free consultation

The Legal Process of Filing a Wrongful Death Lawsuit

Understanding the initial steps in filing a wrongful death lawsuit in civil court can make the legal process more approachable for families. Here’s what you can expect:

The first step to bring a wrongful death lawsuit is to formally file the complaint with the court. This legal document outlines the basis of this type of personal injury claim, details the relationship of the plaintiffs to the deceased, and names the defendants being held responsible for the death.

Liability When Filing a Wrongful Death Claim

Identifying the parties involved is crucial, as it establishes who has the legal standing to pursue the wrongful death suit and who is being accused of negligence or wrongdoing.

Examples of liable parties include:

Medical Professionals: Doctors, nurses, and other healthcare providers may be at fault if medical malpractice or negligence led to the wrongful death.
Employers: In cases where unsafe working conditions or lack of proper safety measures contributed to the death, employers may be held accountable.
Product Manufacturers: If a defective product caused the fatality, the manufacturer, designer, or distributor of the product may be liable.
Drivers: In incidents involving vehicular accidents, the driver whose negligent or reckless actions resulted in the death could be responsible.
Property Owners: Owners who fail to maintain safe premises may be held liable if dangerous conditions on their property cause a fatal accident.
Public Entities: Governmental bodies can also be at fault if failure to maintain roadways or other public facilities resulted in the wrongful death.

Establishing Grounds for the Wrongful Death Claim

To build a strong wrongful death suit, it is essential to establish the grounds for the wrongful death claim. This involves demonstrating that the death was a direct result of the defendant’s actions or negligence. Evidence such as medical bills and records, accident reports, eyewitness testimonies, and expert opinions are gathered to substantiate the wrongful death case.

The discovery phase is a critical stage in the wrongful death lawsuit process where both parties exchange information pertinent to the case. During this phase, your legal team will collect evidence that supports the wrongful death claim. These methods include:

Interrogatories: These are written questions that one party sends to the other, requiring detailed answers. Interrogatories help clarify facts, identify key witnesses, and gather information about the other party’s case.
Depositions: In a deposition, witnesses and parties involved in the wrongful death lawsuits provide sworn testimony outside of court. Attorneys from both sides can ask questions, and the testimony is recorded by a court reporter. Depositions are an effective tool for understanding the strengths and weaknesses of the opposing party’s case.
Request for Production of Documents: This involves obtaining various documents such as medical records, employment records, accident reports, and other relevant materials. These documents are crucial in corroborating a wrongful death case and constructing a compelling argument.
Expert Witnesses: Experts in fields such as medicine, accident reconstruction, and economics may be called upon to provide specialized knowledge and opinions that support the case. Their testimony can be instrumental in demonstrating the extent of negligence and the impact of the wrongful death.

By gathering and examining this evidence, your wrongful death lawyer can build a strong case that highlights the negligent actions leading to the accidental death. This phase is foundational for the subsequent steps in the lawsuit.

Wrongful death settlement negotiations are a critical phase in a wrongful death lawsuit, determining whether the case goes to trial or reaches a resolution out of court. This stage involves discussions between the plaintiff’s and defendant’s legal teams, aiming to agree on a fair compensation amount for the damages incurred.

Elements of wrongful death settlement negotiations include:

Initial Offer and Demand: The process typically begins with an initial demand letter from the plaintiff’s attorney, outlining the damages sought and providing a rationale for the compensation requested. The defendant’s attorney will respond with a settlement offer, which is usually lower than the initial demand.
Negotiation Strategy: Both parties employ strategic negotiation techniques to arrive at a mutually agreeable settlement. This might include highlighting strengths, exposing weaknesses, and leveraging the collected evidence to support their positions.
Mediation: If direct negotiations stall, a neutral third-party mediator might be involved to facilitate discussions. Mediation offers a structured environment for both sides to explore settlement options without the adversarial nature of courtroom proceedings.
Confidentiality Agreements: Settlements in a wrongful death case often include confidentiality clauses to protect the details of the agreement from public disclosure. This is particularly important in high-profile cases or business-related wrongful death suits.
Approval Process: Once a tentative agreement is reached in a wrongful death lawsuit, it may be subject to approval by relevant parties, including insurance companies and, in some cases, the court. This ensures that the settlement is fair, reasonable, and in the best interest of the aggrieved parties.

Through preparation and negotiation, our wrongful death attorneys seek to achieve a resolution that provides compensation for the loss while also avoiding the financial and emotional expense of a trial.

In a wrongful death lawsuit where settlement negotiations are unsuccessful, the case proceeds to trial. The trial process for a wrongful death lawsuit is structured and meticulous, beginning with jury selection and culminating in a verdict.

Here’s a general overview:

Jury Selection: Both the plaintiff’s and defendant’s attorneys participate in voir dire to select an impartial jury. They may question potential jurors about their backgrounds, beliefs, and potential biases to ensure a fair trial.
Opening Statements: Each attorney presents an outline of what they intend to prove during the trial. The plaintiff’s attorney typically goes first, followed by the defense.
Presentation of Evidence: The plaintiff’s side presents their case first, calling witnesses and introducing evidence to establish the defendant’s liability and the extent of damages suffered.
Defense’s Case: After the plaintiff rests, the defense presents its case, aiming to refute the plaintiff’s evidence and offer alternative explanations. Witnesses for the defense are subject to cross-examination by the plaintiff’s attorney.
Closing Arguments: Each side summarizes their case and why the judge or jury should find in their favor. These arguments are crucial as they provide a final interpretation of the evidence presented and attempt to persuade the jury.
Jury Deliberation: The jury retires to deliberate in private, discussing the evidence and attempting to reach a unanimous decision regarding the wrongful death lawsuit verdict. The duration of the deliberation period can vary depending on the complexity of the case and the discussions among jurors.
Verdict: Once the jury reaches a decision about the wrongful death claim, they return to the courtroom, and the verdict is read. The jury’s conclusion determines whether the defendant is liable and, if so, the amount of compensation due to the plaintiff.

Throughout the trial, both sides are trying to present compelling arguments supported by credible evidence. A trial is a rigorous and demanding process, requiring a skilled wrongful death lawyer and a deep understanding of legal principles.

Following the conclusion of a trial and the issuance of a verdict, the losing party may seek to challenge the decision through the appeals process. This procedure is not about re-trying the case or presenting new evidence but focuses on reviewing potential legal errors that could have affected the outcome of the trial.

This typically involves:

Notice of Appeal: The appealing party, known as the appellant, and their wrongful death lawyers must file a notice of appeal. This document outlines their intention to challenge the decision and must be submitted within a specific timeframe, which varies by jurisdiction.
Preparation of the Record: The next step involves compiling the trial court record, including all documents, evidence, and transcripts of courtroom proceedings. This record forms the basis for the appellate court’s review.
Written Briefs: Both sides submit written briefs to the appellate court. The appellant’s brief details the alleged errors made during the trial and argues why the decision should be reversed or modified. The non-appealing party submits a response brief defending the decision of the trial court and countering the appellant’s arguments.
Oral Arguments: In some cases, the appellate court may hold a hearing where attorneys from both sides present their arguments orally. This provides an opportunity for judges to ask questions and seek clarifications on key issues.
Appellate Review: The panel of judges assigned to the case reviews the record and the submitted briefs, considering the legal arguments presented by both parties. They assess whether any legal errors occurred and whether those errors significantly impacted the trial’s outcome.
Decision: After deliberation, the appellate court issues a written opinion. This opinion can affirm the trial court’s decision, reverse the outcome, remand the case back to the trial court for further proceedings, or a combination of these outcomes. Depending on the appellate court’s ruling, the case may be concluded or reopened for additional proceedings.

The appeals process is a critical aspect of the legal system, providing a mechanism for correcting errors and ensuring justice. It demands a high level of legal expertise and careful attention to procedural rules, underscoring the importance of working with an experienced wrongful death lawyer with a strong background in the appeals process.

Damages in Wrongful Death Cases

When they bring a wrongful death civil lawsuit, the court may award various types of damages to compensate the surviving family members for their losses. These damages are meant to provide financial relief and recognize the emotional suffering endured due to the untimely death of a loved one.

The types of damages awarded can be categorized into compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages are intended to restore the financial and emotional state of the survivors to what it would have been had the wrongful death not occurred. These can be further divided into economic and non-economic damages.

Economic Damages

Economic damages in wrongful death cases cover the tangible financial losses experienced by the deceased’s family. These may include:

Loss of financial support: Compensation for the income that the deceased would have provided to their dependents. This can encompass lost wages and potential future earnings.
Medical expenses: Reimbursement for medical bills incurred prior to the deceased’s death, including hospital bills, treatments, and medications.
Funeral and burial costs: Coverage for funeral and burial expenses or cremation services.

Non-Economic Damages

Non-economic damages address the intangible losses suffered by the survivors, focusing on the emotional and psychological impact:

Loss of companionship: Financial compensation for the loss of love, care, and companionship that the deceased provided to their surviving family members.
Emotional distress: Acknowledgment of the mental anguish and emotional turmoil experienced by the survivors due to the wrongful death.
Pain and suffering: Recognition of the suffering endured by the deceased before their death and the lasting impact on the family members.

Punitive Damages

Punitive damages may be awarded in situations where the wrongful death was a result of gross negligence or intentional harm. These damages are not intended to compensate the family for their losses but to punish the responsible party and deter similar conduct in the future.

By imposing punitive damages, the court aims to send a clear message about the seriousness of the misconduct and its unacceptable nature.

I understand that submitting this form does not create an attorney-client relationship. I also understand that Rosenfeld Injury Lawyers LLC works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Rosenfeld Injury Lawyers LLC on these lawsuits.

Contact a Personal Injury Lawyer for a Full Case Review!

Consulting an experienced attorney is a critical first step in understanding your legal options. During a free consultation, we will examine the unique details of your case, explain the possible paths forward, and answer any questions you may have. Our skilled lawyers will provide you with personalized advice tailored to your needs, helping you understand your rights and explore the options available to pursue fair compensation.

Call or text (888) 424-5757

350+ reviews

Client reviews

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Michonne Proulx

“Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.”

Ethan Armstrong

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Giulia

“This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.”

– Daniel Kaim

“Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.”

Lisa