A Wrongful Death Lawyer must be armed with knowledge of the law, full control of the facts and compassion for the survivors. Wrongful death lawyers need to be not only knowledgeable of personal injury law but also the scope of damages available under the pertinent wrongful death statute.
Wrongful death lawyer Brien Roche has over 35 years of trial experience and has garnered over $25,000,000.00 for his clients. If you are a survivor of someone who has lost their life due to the negligence of another in Virginia, Washington DC or Maryland, contact Brien Roche today.
Wrongful Death Claims
If the injury suffered results in the death of the plaintiff, then that persons estate may assert what is known as a wrongful death claim. A wrongful death claim is a claim wherein the injured party rather than having simply suffered personal injury has actually died as a result of the conduct of the defendant.
A wrongful death claim may be based upon a negligence theory, a breach of warranty theory or based upon an intentional tort theory such as assault and battery. Wrongful death claims are a fairly recent phenomenon in that the common law did not recognize wrongful death claims on the theory that once a person had died obviously there was no amount of money that could compensate him. As such, his claim died with him. The state legislatures, however, over the years have come to recognize that even though death may bring an end to the suffering and damages incurred by the decedent there may be persons left behind who have been damaged and may continue to be damaged in the future as a result of the passing of that person. Every state has its own wrongful death act. Typically the damages recoverable are damages consisting of solace and grief experienced by the survivors, loss of earnings suffered by the dependents left behind as a result of the death of the decedent and his subsequent inability to generate income, any medical expenses incurred by the decedent in the last illness and the funeral expenses.
Wrongful death can result from medical malpractice, car accident, truck accident or defective products. Injuries resulting in wrongful death may entitle the survivors to substantial benefits. Those benefits need to be fully calculated and aggressively pursued. For information on wrongful death damages see the page within this site.
Contact a Wrongful Death Attorney
If you think you have a basis for a wrongful death claim, contact us.