If a loved one dies as a result of the negligence of another person or company this is a tragedy of major proportions and one that did not have to happen. Family members are entitled to recover from the responsible party and a claim such as this is known as a wrongful death claim. Elements of damage include loss of monetary support that was provided by the deceased. However, the greater loss is the untimely and sudden taking of the counsel, association and love of the missing family member.
As trial lawyers, our job is first to prove that the defendant was responsible for this tragedy. Then we must recreate the life of the loved one and demonstrate to the insurance company or the jury hearing the case what this person meant to the surviving family members. This can be a difficult and trying process for all involved, but one that is necessary if a full recovery is to be made.
Often our clients in such cases are not interested in the amount of the recovery as such but more interested in seeing that justice is meted out. Recovery may demonstrate the wrongfulness of the defendant’s actions and perhaps prevent another tragic accident.