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Wrongful Death Attorney — Justice and Financial Security for Your Family
No amount of money brings back a loved one. But when negligence, recklessness, or deliberate wrongdoing caused their death, the responsible party must be held accountable — and your family deserves financial security. Our wrongful death attorneys fight for both. No fee unless we win.
When Negligence Takes a Life: Your Family's Rights
Over 200,000 Americans die from preventable causes every year — accidents, medical negligence, workplace hazards, defective products, and reckless behavior that never should have happened. Behind each statistic is a family that lost a parent, a spouse, a child, or a sibling without warning.
Wrongful death law exists to provide two things: accountability for those whose negligence or recklessness caused the death, and financial security for the family members left behind. The average wrongful death settlement ranges from $500,000 to over $1 million, with catastrophic cases reaching far higher.
We understand that pursuing legal action is the last thing on your mind during grief. Our attorneys handle every aspect of the case — investigation, expert retention, negotiation, litigation if necessary — while you focus on your family. We work on full contingency: you pay nothing unless and until we win.
Our attorneys handle every aspect of your wrongful death case with compassion and aggressive advocacy for your family's rights.
What Your Family Can Recover
Wrongful death claims can recover two categories of damages — economic (calculable financial losses) and non-economic (more subjective but often very substantial losses):
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Lost Future Income
Projected lifetime earnings the deceased would have earned, calculated by economists based on age, occupation, education, career trajectory, and statistical life expectancy. For a 40-year-old professional, this can exceed $2-3 million.
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Funeral & Burial Expenses
All funeral and burial costs, including death certificates, transport, embalming, casket or cremation, burial plot, headstone, and memorial service expenses.
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Loss of Companionship
The emotional and relational loss suffered by surviving spouse, children, and parents. Often the largest non-economic category — courts have awarded hundreds of thousands to millions for loss of a loving spouse or parent.
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Grief & Mental Anguish
The psychological pain, grief, anxiety, depression, and suffering of surviving family members. Distinct from loss of companionship and must be documented with mental health records.
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Deceased's Pre-Death Suffering
Under survival action claims: pain, suffering, and fear the deceased experienced between the negligent act and death. If they survived for any period before dying, this is a separate compensable claim.
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Punitive Damages
When the responsible party acted with extreme recklessness or intentional wrongdoing — drunk driving that kills, reckless product design — courts can add punitive damages to punish and deter.
The Civil Case vs. Criminal Case: Critical Differences
Many families are confused about how criminal cases and civil wrongful death lawsuits relate. The answer: they are completely separate legal proceedings with different standards, different goals, and different outcomes.
Different Standards of Proof
Criminal cases require proof 'beyond a reasonable doubt' — the highest legal standard, requiring near-certainty. Civil wrongful death cases require only a 'preponderance of the evidence' — more likely than not (51%). This dramatically lower bar means you can win civilly even when prosecutors lose or decline to prosecute.
OJ Simpson: The Famous Example
OJ Simpson was acquitted of murder in 1995 (criminal — beyond a reasonable doubt). In 1997, he was found liable for wrongful death in a civil lawsuit (preponderance of evidence) and ordered to pay $33.5 million. The same act. Different standards. Different outcomes. You do not need a criminal conviction to win a wrongful death case.
You Control the Civil Case
In a criminal case, the government decides whether to prosecute and controls the case. In a civil wrongful death lawsuit, YOUR FAMILY decides whether to sue, chooses the attorney, and controls settlement decisions. You are not dependent on government prosecutors.
Different Remedies
Criminal cases result in imprisonment or fines. Civil wrongful death cases result in financial compensation paid to your family. The two systems serve different purposes and can proceed simultaneously.
We pursue justice for families so that your loved one's death has meaning and the responsible party faces real accountability.
Common Causes of Wrongful Death We Pursue
• Fatal Car & Truck Accidents
• Medical Malpractice
• Workplace Accidents
• Defective Products
• Nursing Home Negligence
• Drunk Driving Fatalities
• Construction Site Deaths
• Drowning (Premises Liability)
• Violent Crime (Civil Liability)
• Aviation Accidents
• Motorcycle Fatalities
• Pedestrian Deaths
Hold the Responsible Party Accountable
Free, confidential consultation · We handle everything · No fee unless we win
It depends on the state, but typically: surviving spouse (highest priority), children of the deceased, parents (if no spouse or children), siblings in some states, and the estate of the deceased. Some states require claims to be filed by the estate's personal representative. Our attorneys identify exactly who has standing in your state and ensure the right parties file.
What is the difference between a wrongful death claim and a survival action? +
A wrongful death claim compensates surviving family members for their own losses — loss of financial support, companionship, and consortium. A survival action is filed by the estate and compensates for what the deceased suffered before death — pain and suffering, medical bills, lost wages between injury and death. Many cases involve both claims simultaneously, and our attorneys pursue both to maximize total recovery.
Can we sue for wrongful death if criminal charges are pending or were filed? +
Yes, and the two cases proceed independently. Criminal cases require proof beyond a reasonable doubt (very high standard). Civil wrongful death cases require only a preponderance of the evidence (more likely than not — a much lower bar). The OJ Simpson case is the most famous example: acquitted criminally, found liable civilly. A criminal acquittal does not prevent you from winning a civil wrongful death case.
How long does a wrongful death case take? +
Most wrongful death cases take 1-3 years. Cases that settle out of court typically resolve faster (1-2 years). Cases that go to trial take longer (2-4 years). Factors affecting timeline: complexity of liability, number of defendants, amount of insurance coverage available, and whether the responsible party disputes liability.
What if multiple family members want to file separate wrongful death claims? +
In most states, only one wrongful death claim can be filed per death — typically by the estate's personal representative for the benefit of all eligible survivors. If multiple family members have competing interests, we work to ensure every eligible survivor's interests are represented in a single, comprehensive claim that maximizes total family recovery.
Can we sue for wrongful death even if no one was criminally charged? +
Absolutely. Criminal charges and civil wrongful death lawsuits are completely separate. Many wrongful death cases — medical malpractice, car accidents, product defects — never result in criminal charges. The civil standard (preponderance of the evidence) is much easier to meet than the criminal standard (beyond a reasonable doubt). We evaluate every case on its civil merits, not whether prosecution occurred.
What is the statute of limitations for a wrongful death claim? +
Most states allow 2 years from the date of death to file a wrongful death lawsuit. Some states allow 3 years. A few allow only 1 year. Certain exceptions may apply — for minors, for cases involving government entities, or when the cause of death was not immediately known. Don't wait to consult an attorney — missing the deadline permanently bars your claim.
Find a Wrongful Death Attorney Near You
We represent families who have lost loved ones to negligence in every state nationwide.