Practice Areas

1. FELA
   1. Railroad Worker's Injuries
2. Personal Injury
3. Product Liability
4. Trucking Accidents
5. Asbestos
6. Mesothelioma
7. Nursing Home
8. Toxic Tort / Chemical Exposure
9. Railroad Crossing Accidents
10. Motorcycle Accidents
11. Medical Malpractice
12. Wrongful Death
13. Traumatic Brain Injury
14. Pharmaceuticals
    1. Nuva Ring
    2. Ortho Evra
    3. Duragesic Pain Patch
    4. Bard Composix Kugel Mesh Patch
    5. Avandia
    6. Trasylol
    7. Fosamax
    8. Accutane
    9. Digitek (Digoxin)
    10. Reglan
15. Occupational Disease Division
    1. Asbestos
    2. Cumulative Trauma
    3. Diesel Fumes

Wrongful Death Claim

Wrongful death was a claim started under the common law where a person or entity could be held liable for a death. The claim is a civil action, usually brought by
a spouse or children of a dead person which alleges that a victim died due to negligence on the part of the defendant. Surviving dependents or beneficiaries of the decedent can be entitled to monetary compensation for damages caused due to the death of the victim. Wrongful death can arise from a number of circumstances, including automobile or airplane accidents, occupational accidents or exposure to hazardous substances; criminal behavior; and other instances by a third party.

All state wrongful death statutes were drafted independently of each other and the law is different from state to state. However, they all follow the same general principles. A wrongful death claim generally consists of four elements. (1) the death was caused by the defendant; (2) the defendant was negligent in causing the victim’s death; (3) there is a surviving spouse, children, or dependents; and (4) the victim’s family have suffered financial loses due to the death.

Again, the laws pertaining to damages or financial loss vary from state to state, but damages permitted in a wrongful death case typically include:

Medical, hospital, funeral and burial expenses;

Compensation for the decedent’s pain and suffering, during any period of consciousness between the time of injury and death;

Losses suffered by the decedent’s spouse, children, or children, including;

• Loss of financial support
• Loss of service
• Loss of gifts or other valuable gratuities
• Loss of parental training and guidance
• Loss of society and companionship
• Sorrow and Grief

 

The assistance of a law firm with experience, competency and resources is essential to take the steps necessary to ensure accountability, steps like preserving the evidence, documenting the chain of custody, and having the appropriate experts evaluate the case.  The Moody Law Firm, Inc. is such a firm.

 

Let our experience and resources work for you!

Contact The Moody Law Firm, Inc.
today for a free consultation.

Call Toll Free @ 1-800-368-1033