Wrongful Death

Nothing can replace a loved one, but wrongful death cases can help ease the hardship.

If you have lost a loved one, the devastation is overwhelming. The fact that it was preventable and caused by the negligence of another party only adds to the trauma. Wrongful death lawsuits provide an opportunity to demand accountability and compensate your family for some of the losses you have experienced.

What the law says:

  • If you are the spouse, child or parent of the deceased, or a personal representative of the estate (if there are no living relatives), you have a claim.
  • Your loved one’s death must be a result of another party’s negligence.
  • You may be entitled to compensation for funeral and medical expenses, future loss of income for the family, and for the value of your loss.

The death of your loved one has impacted you negatively in many ways. You may have funeral and medical expenses to pay. You may have been harmed by watching the conscious pain and suffering they suffered. Your family may suffer a lower standard of living due to the loss of the deceased’s income. Most importantly, you have been deprived of their presence; the experiences, love and companionship that you will never have.

To pursue a wrongful death case, we will need to prove four things:

  • Negligence: The other party was reckless or negligent in their actions and this caused your loved one’s death.
  • Breach of duty: The other party had a duty (to be a safe driver or to maintain the deceased’s health as a doctor) and did not fulfill this duty.
  • Causation: It must be proven this is a death due to negligence of the defendant.
  • Damages: The loss of a loved one is self-evidently damaging to you and your family. The losses incurred by your family because of the death must be quantified.

We can help

Wrongful death cases can be complex. Reducing a person’s life to a financial amount is a difficult idea to wrestle with, but this is the recovery the law recognizes. The facts of what happened can be disputed, and the availability of financial recovery isn’t always certain. Our experienced attorneys have handled wrongful death cases successfully, and will focus on helping you through this life-altering experience with compassion and understanding, while also trying to recover fair compensation for your losses.

start your recovery

Call our team today for a free consultation.

We want to connect with you and help you during this challenging time. If it’s more convenient to communicate via email, please reach out to us at info@nsw.law.