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Wrongful Death

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Wrongful Death is a claim that is governed specifically by common law jurisdictions that permit action to be brought against a person, entity or company that may be held directly liable for a person’s untimely death.

Typically, in the overriding majority of all cases, the claim is brought by close family members of the deceased in question, since under existing common law, and literally too, a dead person cannot file suit.  

The standard of proof that is required is generally a preponderance of the available evidence; rather than what may be termed absolute proof beyond any reasonable doubt. 

There are certain, specific criteria that must be met to allow family members of the deceased to file a Wrongful Death claim.  

First, the defendant must be responsible – either wholly or in part – for the death of the person who is the subject of the claim. That the death of the individual at issue may not have been the specific intention of the defendant does not in any way affect the ability or the right of surviving, family members to file a claim. 

Second, negligence and/or liability on the part of the defendant have to be deemed convincingly demonstrated. 

Third, the deceased individual who is the subject of the claim has to be shown to have surviving, dependent family members who have been adversely affected as a result of the death.

This must include financial suffering, and can include emotional turmoil. In terms of which surviving family members may file a claim, it is generally the immediate family: spouses, children, and/or parents.

If the claim is brought by an individual under the age of 18, he or she may wish to utilize a guardian ad litem to represent them during the course of the claim. 

It is important to note that statute of limitations apply with respect to filing a wrongful death claim. While each and every U.S. state has its own unique regulations pertaining to statute of limitations, the time-limit is typically from 1 to 3 years after the death of the individual in question. 

It should also be taken into consideration that the majority of states employ the use of what are known as life-expectancy tables to allow them to determine (a) for how many more years the victim was likely to have lived, worked, and accrued benefits from pensions by normal retirement age; and (b) what a suitable payment might be based upon the above estimations. 

Financial suffering to surviving members may be substantial, and claims for financial compensation can include (but are not limited to) such issues as:

  • Outgoing costs resulting from medical treatment provided to the victim before their death
  • Funeral costs
  • The complete loss of future-earnings on the part of the deceased; and upon which the surviving family members may have been dependent
  • The loss of the family’s medical insurance/coverage following the death of the individual
  • Loss of inheritance
  • A wrongful death claim may be brought as a result of a variety of circumstances, including:
  • Death in a vehicle or on an airplane
  • Medical malpractice which results in death
  • The victim’s fatal exposure to hazardous materials during the course of their employment
For more information on wrongful death, see the following links:




Severe personal injury cases and other complex litigation require significant financial resources and time investment of highly specialized professionals.  Expenditures in both time and money are required in order to conduct investigation, prepare the case through discovery, review and summarize medical records, and prepare for an effective trial.  

The Fox Law Firm has both the financial and experience requirements to invest properly in case development. 

The affiliated attorneys of the Fox Law Firm collectively have over 50 years of legal experience.  This includes experience in handling many types of cases from inception to conclusion. 

The Fox Law Firm is dedicated to using technology to the advantage of each of the Firm's clients.  The Firm invests significant time and financial resources in maintaining computer hardware and software systems that support the requirements of each case. 

The Fox Law Firm has extensive experience in electronic document scanning and coding, and also employs outside litigation support consultants whenever needed.  The Firm routinely handles cases involving some of the largest corporations in the world and involving hundreds of thousands and even millions of pages of documents.  The firm is able to maintain and employ advanced computer technology to manage and search such large document databases. 

The Firm has extensive experience conducting the necessary background investigations in many cases.  The Fox Law Firm handles complex and large class action cases that sometimes involve thousands of plaintiffs nationwide against some of the largest corporations in the world. 

The Fox Law Firm's affiliated attorneys regularly retain expert consultants and witnesses from around the country in many fields such as biomechanics, pharmaceutical drug research, accident reconstruction, mechanical engineering, metallurgy, chemical analysis, materials analysis, design safety, and the trial presentation of such varied technical information. 

Although there are no guarantees in any litigation, The Fox Law Firm makes every effort to ensure that each case is optimally prepared and presented. 

The Firm routinely employs the services of mock juries and focus groups in order to further identify strengths and areas for improvement in each case. 

The Firm also routinely expends significant financial resources to support the demonstrative evidence needed to present some cases such as full-scale mock ups, reconstruction animations, simulations, and complex and highly programmed Power Point Presentations. 

If you have a potential legal claim that you would like us to evaluate, please click on "Can We Help You?" in the upper right hand corner of this screen, and fill out our very simple form.  We will contact you as soon as possible.  If you prefer, you may contact us by calling one of the numbers listed below.

In all personal injury cases, it is extremely important that measures be taken promptly to preserve evidence, investigate the accident or toxic exposure in question, and to enable physicians, attorneys, or other expert witnesses to thoroughly evaluate any injuries.  If you or a loved one or friend is injured and may have a potential legal claim, call The Fox Law Firm now at 1-866-FOX-FIRM (369-3476).  The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.  You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.  Do not delay!  If you delay, and the statute of limitations time period expires, you may lose all your rights to file any claim for compensation of any kind.

If you are not sure or need additional help, please fill out our form on this website or call us for help at 1-866-FOX-FIRM (1-866-369-3476)

A member of our firm will call you as soon as possible to help you determine the possibility of filing a potential claim.

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If you prefer, you may contact us at (214) 528-4369 or (866) 369-3476.  



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