Wrongful Death

When someone dies due to the fault of another, the survivors deserve peace of mind and justice. We realize that it's not about the money. Everyday we see the incredible pain that the families endure with a devastating loss. Whetstone Law Firm is committed to standing with you through the worst time of your life – every step of the way!

It’s an awful thing to lose a loved one in any manner but when it's the fault of others, the sting is, oh, so much greater. It's a natural tendency for good natured people to be forgiving and not seek to pursue compensation but you and your family have rights and Whetstone Law Firm has the experience to navigate these difficult cases for your benefit.

 

Who is Responsible for a Wrongful Death?

Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:

• the driver or employer at fault in the automobile accident
• the designer or builder of the faulty roadway
• a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
• the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
• the persons who sold, served, or gave alcohol to the impaired driver, or
• the owner of the premises where the alcohol was served.

 

Types of Damages

In general, there are three types of damages that may be available to the survivors in a wrongful death lawsuit: economic, non-economic, and punitive.

Economic damages: These include the value of the financial contributions the victim would have made to the survivors if he or she didn't die, and include the following:

• medical and funeral expenses connected to the death
• loss of the victim's expected earnings
• loss of benefits, such as pension plans or medical coverage
• loss of an inheritance caused by the untimely death, and
• the value of the goods and services that a victim would have provided.

Non-economic damages: Although less tangible, non-economic damages often have more value than economic damages. Examples include:

• damages for the survivors' mental anguish or pain and suffering
• loss of the care, protection, guidance, advice, training, and nurturing from the deceased
• loss of love, society, and companionship from the deceased, and
• loss of consortium from a deceased spouse.

Punitive damages: Punitive damages are awarded to punish the defendant for malicious intentional, or especially bad conduct.

 

Calculating Damages

Calculating damages can be extremely complicated, and the parties often use expert witnesses, such as economists and actuaries, to give their opinions on the proper amount of damages. These calculations include not only income and benefits earned outside the home, but also the monetary value of services and care provided inside the home by a homemaker parent (such as child care, cooking, laundry, house cleaning and maintenance, shopping, education, medical care, and transportation).

 

Getting Help

Because wrongful death actions involve complex areas of the law, it’s important to choose someone with experience. Call Bud to discuss your case.

 

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