What is Wrongful Death?

Wrongful Death occurs when a person (the decedent) dies due to the negligence of another person, company or institution. Wrongful death cases may be the result of car accidents, construction site accidents, criminal attacks or medical malpractice. (A 1999 study from the Institute of Medicine showed between 44,000 and 98,000 hospitalized Americans die each year due to medical mistakes).

The following types of damages are considered in a wrongful death case:

  • Immediate expenses associated with the death (medical & funeral).
  • Loss of victim's anticipated future earnings until time of retirement or death.
  • Loss of benefits caused by the victim's death (pension, medical coverage, etc.).
  • Loss of inheritance caused by the untimely death.
  • Loss of services, protection, care, and/or assistance that the person who died provided to the survivors/beneficiaries.
  • Pain and suffering, or mental anguish.

Generally you must be either the personal representative (a person who manages the affairs of another because of incapacity or death), the child, spouse or parent of the person killed, in order to bring a wrongful death case.

Most wrongful death suits are based on negligence, and as with all negligence suits, you will need to prove that the wrongdoer had a duty to act in a certain manner,had failed to act in such a responsible manner (breached of duty) and that such failure caused the death of your loved one.

Wrongful death cases are among the most complex cases, and should be handled with the help of an experienced attorney. Hala Gores can help you receive the compensation you or your family may be entitled to as a result of this tragic event.

Do I have a case?

To determine whether you have a case, we will need to know basic information about what happened. For a free evaluation of your case, click here.


These materials have been prepared by Hala J. Gores, P.C. for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver. Internet subscribers and on-line readers should not act upon this information without seeking professional counsel. Information submitted on this website or by email should not be considered confidential. If this concerns you, telephone or write to us by regular mail.