Questions About Wrongful Death

What is the definition of wrongful death?

The legal definition of wrongful death is any death that directly resulted from another party's negligence or misconduct.

What are survivors entitled to in wrongful death cases?

Damages that family members can pursue if a loved one has suffered a wrongful death include:

  • Loss of companionship
  • Financial compensation for the amount of money earned by the deceased
  • Medical and funeral expenses
  • Mental anguish and suffering
  • The financial value of the services the deceased would have provided for their child's education and maintenance
  • Punitive damages

How do courts determine what a person's future earnings would have been?

A life expectancy table is used to accurately estimate the future earning potential of the deceased. Precisely, whatever the earnings were of the deceased at the time of death are multiplied by the number of expected remaining years of earning, up until the age of retirement.

Then, retirement benefits are determined in accordance with a life expectancy table. Once a number has been concluded, it is then reduced to equal the amount it would be if the money were conservatively invested.

How is a death considered wrongful?

If a person dies due to another party's action or inaction, then the death could be considered wrongful. Common wrongful death cases stem from:

  • Automobile accidentsIf a manufacturer releases a faulty product or another vehicle operator is negligent in their driving responsibilities, such as drinking and driving or operating a vehicle without corrective lenses.
  • Emergency room medical malpracticeIf the employees of an emergency room force a patient in need of medical attention to wait without being seen or a surgeon performs a surgical error
  • Medical malpracticeIf a physician fails to diagnose a terminal disease or acts in a manner inconsistent with other professionals in their field
  • Nursing home abuseWhen employees of a nursing home neglect an elderly person

How is medical negligence proved?

The wrongful death attorneys at The Cochran Firm will fully investigate the terms surrounding your loved one's death. To aid us in this process, we will consult with medical experts to thoroughly examine medical records and interview doctors and other potential witnesses.

If a loved one has died due to another party's suspected negligence, please contact The Cochran Firm's wrongful death attorneys today for your free case evaluation. Our numerous offices nationwide afford us the ability to successfully litigate wrongful death cases through the United States.