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Wrongful Death

A wrongful death suit is filed when someone dies as result of the wrongful conduct of another party or parties. In these cases, intent to cause harm isn’t required to prove a party responsible for causing the death of another. Unlike criminal charges, a wrongful death lawsuit is a civil claim brought by an individual rather than the state, and requires a lower standard of proof, known as a preponderance of evidence. A preponderance of evidence means more likely than not, unlike the standard in criminal cases which requires that the evidence prove the case beyond a reasonable doubt, a much higher burden.

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Understanding the full extent of a family's losses is a key factor in bringing a successful wrongful death claim after a fatal accident.

At the law offices of James F. Humphreys & Associates, L.C., we take the time and care to understand and prove to negligent parties the impact of the death on surviving family members.

Loss of the victim’s financial contributions to a family is an important aspect in determining the amount of financial compensation a family is due. However, the loss of intangible contributions — including love, companionship and guidance of children — can be even greater than the financial loss suffered and are also factored into the settlement we seek for our clients. Schedule a free consultation with James F. Humphreys & Associates, L.C. .

Toll Free: +1 (877) 341-2595


If you have lost a loved one due to another’s wrongful conduct, schedule a free consultation at James F. Humphreys & Associates L.C. today. Our firm can be reached by calling or by completing our online contact form.

Our Experience

We will fight for you and your family to receive the help you deserve after your loss. We take the time to understand and forcefully represent you and your case. Our goal is to bring your family the financial relief they need and deserve after the loss of a father, mother, husband, wife or child.

Medical malpractice occurs when a medical provider — such as a doctor, surgeon, nurse, or pharmacist — deviates from the accepted standard of care. Medical negligence can result in a the serious injury or even death of a patient.

There are numerous reasons that deaths are caused by medical malpractice; a few of the most common are:

  • Failure to diagnose and misdiagnosis
  • Failures in postoperative care
  • Medication errors
  • Anesthesia errors
  • Surgical errors
  • Birth injuries

A wrongful death lawsuit allows you to seek compensation for medical bills, funeral and burial expenses, lost income and benefits, as well as the loss of companionship due to your loved one’s death. We can help you assess the value of your losses and the amount of compensation you deserve.

If a surgeon deviates from the accepted standard of care, medical malpractice may be the result. In the worst cases, medical malpractice can lead to the wrongful death of the patient.

Any member of the medical team may commit an error or negligence during a procedure. This can include problems such as:

  • Postoperative care failures
  • Infection
  • Anesthesia errors
  • Operating on the wrong part of the body
  • Leaving surgical implements in the patient
  • Nicking an organ

Such failures can cause catastrophic injuries, including oxygen deficiency, brain damage, paralysis, sepsis, internal bleeding, amputation and organ failure. In addition, surgical scars can leave patients with permanent disfigurement. In the most severe cases, surgical malpractice can result in wrongful death.

Nursing homes are meant to care for an elderly, ill and vulnerable population. Too often, however, these facilities fail in their duties to keep residents safe. Whether the problem is caused by abuse or neglect, it can result in the wrongful death of a patient.

Some of the most common causes of wrongful deaths in nursing homes are:

  • Medication errors
  • Dehydration and malnutrition
  • Falls causing brain injuries or broken hips
  • Wandering off and elopement
  • Infection
  • Untreated bedsores
  • Nursing negligence

Lack of supervision can also cause fatal injuries for nursing home residents. Residents with certain conditions, such as Alzheimer’s and other forms of dementia, need to be supervised and monitored to prevent them from harming themselves. If a center is inadequately staffed, it can lead to poor supervision, as well as other problems. Many nursing homes are understaffed and/or have a staff that is inexperienced.

When a nursing home incident occurs, we investigate to determine who may be liable for causing the injury or death. Depending on the situation, the case may be brought against an individual staff member, the facility, another resident or a third party.

Losing a loved one unexpectedly is one of the most difficult things a family can experience. In addition to the emotional trauma, the family must figure out how to pay medical bills, funeral expenses and compensate for lost income. It’s important to work with an experienced lawyer during this process to ensure you get the compensation you deserve.

Nearly every type of car accident has the potential to cause a fatal injury. However, some accidents are especially dangerous, including rollovers, head-on collisions, car-truck collisions, high-speed crashes, drunk or distracted driving accidents, and hit-and-run accidents.

These accidents can cause fatal injuries such as:

  • Brain injuries
  • Spinal cord injuries
  • Burn injuries
  • Internal organ damage
  • Crush injuries

Depending on the specifics of the accident, a victim may live for days, weeks or months before dying to their injuries. You can claim compensation for their medical expenses and other losses from this period such as funeral and burial costs, and the loss of companionship, comfort and guidance, as well as the loss of income or retirement benefits if retired.

A wrongful death claim may be filed by a number of different parties including a spouse, parent, child, or individual who is financially dependent or equitably entitled to recover compensation. Other parties may be eligible to bring a wrongful death suit; contact our office today to see if you are eligible to file a claim.  

When a driver ignores a motorcyclist, a family can lose a breadwinner, a child can lose a loving parent and a spouse can lose a partner. Understanding the full extent of a family’s loss is a key factor in bringing a successful wrongful death claim after a fatal motorcycle accident.

While families need time to grieve, it is important to contact a lawyer as soon as possible following a fatal motorcycle accident. Our firm will conduct a timely and thorough investigation of the accident by working with accident reconstruction experts and other professionals to determine how the accident happened and who is liable.

While no amount of money can make up for the loss of a family member, a wrongful death lawsuit can help families cope with the financial devastation resulting from the accident. For many families, the legal process also brings a sense of closure and justice.

Families can often recover compensation for the victim’s financial contributions to the family, as well as intangible contributions such as love, companionship and parental guidance. Our firm has successfully recovered millions of dollars in compensation for our clients in wrongful death claims.

No two cases are alike and past success is not a promise of future achievement.

Brain injuries can be caused by a number of mishaps, including falls, sport injuries and car accidents. These injuries can lead to life-long consequences. Some symptoms of brain injuries include:

  • Personality change
  • Inability to concentrate
  • Irritability
  • Inability to work as before
  • Persistent headaches
  • Blurred vision
  • Difficulty multitasking
  • Nausea
  • Loss of short term memory

A brain injury lawsuit can allow you to recover damages to pay for your current medical expenses, future medical treatment, hospital stays, home modifications for access, lost wages, future lost income, pain and suffering, and more.

Contact Us

If you or a loved one has passed away due to negligence or the wrongful conduct of others, you may be eligible for financial compensation. Contact us today for a free consultation.

Toll Free: +1 (877) 341-2595


Learn More

Get more information on wrongful death claims from NOLO.