No matter how the death occurs, losing a loved one is devastating. And in the midst of trying to process through the grief and pain, a number of other issues can arise such as medical and funeral expenses. Finances can put a strain on anyone, especially in the wake of a death.
But for families who have lost a loved one, filing a wrongful death lawsuit can help compensate for a number of things, including medical expenses. If the death was the result of someone else's negligence, recklessness, or even criminal act, that individual or entity may be liable for the death. Often people think of fatal accidents when they think of a wrongful death claim. But there are other situations where a family can file this type of civil lawsuit.
A trial just recently came to a close involving the death of a California man and the tobacco company giant Philip Morris. The man died in 2002, leaving behind a 10-year-old son who has been dealing with the loss of his father since that day.
The man had previously won a lawsuit against the tobacco company prior to his death. He had been a smoker for over 30 years and developed lung cancer as a result. In that previous lawsuit, Philip Morris was ordered to pay a multi-million dollar settlement to the man.
The man's son, who is now 21 years old, filed the wrongful death claim against Philip Morris on the grounds that when his father died, he not only lost his role model but also the relationship he would have had with his father had he not passed away. If the jury finds in favor of the son, Philip Morris could be paying another multi-million dollar settlement to the man's family.
Source: Southwest Riverside News Network: "Attorney asking for $22 million in wrongful death case against Philip Morris," Rocky Salmon, Aug. 8, 2011.
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.