Schmidt & Clark | A National Law Firm

Nationwide Leaders in Wrongful Death Litigation

Send to Friend | Bookmark | Live Chat

Wrongful Death Resources

S&C Related Contents

>> Wrongful Death

Wrongful death is a claim in tort against a defendant who can be held liable for negligence and/or liability in causing ones death. More specifically, this area of law seeks financial compensation on behalf of the heirs of a person whose death was caused by the negligent, willful, or wrongful act of another.

If you or your family is dealing with a loss due to wrongful death, you should contact us immediately. You may be entitled to compensation and we can help.

Who can file a wrongful death lawsuit?

For the most part, immediate family members like spouses, children and parents can file a lawsuit. In addition, some states may also allow grandparents, legal dependents, or members of the extended family to file a lawsuit.

When does the lawsuit need to be filed?

Each state has its own statute of limitations. The statute of limitation in a wrongful death lawsuit will generally begin at the time of the victim's death, although some states may grant an extension to the normal statute of limitation if the cause of death was not discovered until later. For example, the spouse of the victim does not discover until the next year that the victim's death was caused by the negligence of a treating physician. In this case, the time frame to file a lawsuit may run from the date the spouse discovered the treating physician’s negligence, rather than the date of the victim's death.

Importance in Filing a Lawsuit Early!

A wrongful death lawsuit may be denied by the court if it is filed after the statute of limitation has run out (see above).

If you have a valid claim for filing a lawsuit, it is highly advisable that you speak with a wrongful death lawyer or wrongful death attorney as soon as possible. An experienced law firm can assist you in evaluating the merits of your claim while at the same time preserving your rights in regards to the statute of limitation for your state. In addition, early claim evaluation may also help to preserve evidence, locate witnesses, and ensure that the lawyer has plenty of time to prepare for your case.

What types of Damages or Financial Compensation are Recoverable?

The plaintiff (surviving family members, etc) will generally be able to seek damages or financial compensation for the following:

  • expenses associated with the victim's death (medical and funeral costs);
  • loss of anticipated wages and earnings;
  • loss of benefits (pension, medical coverage and other forms of insurance);
  • loss of inheritance;
  • pain and suffering;
  • loss of care, protection and companionship;
  • general damages; and
  • punitive damages

Again, it is important that you speak with an experienced law firm as soon as possible. Certain states may disallow some of the aforementioned damages. In addition, some of the damages may be difficult to prove and considered too speculative by the court in your particular state.

How much do we charge for our legal services?

Our attorneys and lawyers work on a contingency fee basis, meaning that you are not charged and our law firm get nothing until we win your case. In a typical wrongful death lawsuit, the law firm and client will agree to a set percentage of the verdict and or settlement.

Do I have a Wrongful Death Lawsuit?

The Personal Injury Litigation Group at our law firm is an experienced team of trial lawyers that focus exclusively on the representation of plaintiffs in wrongful death lawsuits. We are handling this type of litigation nationwide and are always accepting new cases in all 50 states.

Attention Attorneys: We do not publish prior verdict/settlements. If you are an attorney and would like to refer us a case or for us to send you a profile of prior award judgments or average referral fees, please visit the attorney referral section of our website.

Free Confidential Case Evaluation

Toll Free 24 hrs/day (866) 588-0600

Secure 128-bit SSL Encrypted Email Communication Secure 128-bit SSL Encrypted Email Communication - Click Here.

Secure 128-bit SSL Encrypted Email Communication Secure 1024-bit SSL Encrypted Live Chat Communication - Click Here.

Fields Marked with * are required= Required Field

Wrongful Death & Lawsuit News (National)

Family sues city, county for LA freeway death - Riverside Press Enterprise
The family of a man who died after losing control of his car and plummeting into a Los Angeles flood-control ditch is suing the city and county for not building a barrier along the freeway he was driving on. Ernesto Beltran's family members say in ...

Understanding Wrongful Death Claims - Best Syndication
A wrongful death occurs when someone is killed as a result of the negligent or reckless actions of another person. In situations where a person?s actions are intended to harm or kill the victim, it will be considered wrongful death as well ...

2007 accident prompts wrongful death lawsuit - Enid News & Eagle
A wrongful death lawsuit has been filed against a ranching corporation in the 2007 death of a Hanor Farms worker. According to the suit filed Dec. 23 in Garfield County District Court, Molly B. Neuman is seeking in excess of $10,000 for the estate of ...

Inmate?s wife files wrongful death suit - Vindicator
YOUNGSTOWN ? A wrongful-death lawsuit has been filed in federal court by the wife of an inmate who hanged himself with an electric-typewriter cord at the Federal Correctional Institution in Elkton in Columbiana County. The civil lawsuit filed ...

Wrongful death suit filed over prison death - Vindicator
YOUNGSTOWN ? A wrongful death lawsuit has been filed in federal court by the wife of an inmate who hanged himself with an electric typewriter cord at the Federal Correctional Institution in Elkton. The civil lawsuit filed Monday against the federal ...

Hoffman family to file wrongful-death suit Tuesday - Tallahassee Democrat
The family of Rachel Hoffman will file a wrongful-death lawsuit against the city Tuesday for the Tallahassee Police Department's role in her death, according to the family's attorney. The 23-year-old Florida State University graduate was killed in ...

Widow of suspect slain by Sunnyvale cops files wrongful-death lawsuit - San Francisco Examiner
The widow of a man shot dead by Sunnyvale police attempting to arrest him on murder charges last year has filed a wrongful death lawsuit in federal court this week accusing the city and its public safety officers of negligence and civil rights ...

Wrongful death suit filed over bar shooting - Mineral Wells Index
PALO PINTO ? Seventeen days after a Mingus man died from a gunshot wound, his family filed a civil suit against the man accused of killing him and the owner of the bar where it occurred. The shooting death of Kevin Matthew Parsons, 44, reportedly ...

Rachel Hoffman's family files wrongful- death suit against city of ... - Tallahassee Democrat
Rachel Hoffman?s parents say they are entitled to be paid by the city for their pain and suffering in the wake of a drug-deal debacle that ended with their only daughter being shot to death. A lawsuit filed by the family?s attorney Tuesday lays ...

Wrongful death suit filed against Martin County Sheriff's Office - Fort Pierce Tribune
MARTIN COUNTY ? A wrongful death suit was filed Monday on behalf of a St. Lucie County man who was struck by a Martin County Sheriff?s Office cruiser in late 2007. According to the Florida Highway Patrol incident report, Matias F. Alonzo was ...



Toll Free (866) 588-0600


The Best Lawyers in America

Million Dollar Advocates Forum

People Over Profits - Attorney, Lawyer Group

American Association for Justice

Lexic Nexis Peer Review Rated Attorneys and Lawyers

 

ATLA Attorney, Atla Lawyer

 

Leading Plaintiff's Lawyers in America