Wrongful Death Claims
Every wrongful death claim is a serious
claim. The attorneys at MacArthur,
MacArthur & Associates, P.C. will assist
you with not only defending the
underlying claim but also help you
navigate the intricacies of the Wrongful
Historically there was no right of
action for wrongful death because
personal injury actions were deemed
personal rights of action that died with
the injured person. However, actions for
injuries existing before, and ending in,
death survive and are merged into
actions under the Wrongful Death Act,
Who Can Sue?
Only the personal representative of the
decedentís estate may bring a wrongful
death action. However, the suit must
include the claims of all persons who
suffer a loss and who are statutorily
entitled to recover damages as a result
of the death. These requirements are
technical and require extreme care. At
MacArthur, MacArthur & Associates, P.C.,
our lawyers will ensure that these
matters are handled timely and properly
so you can rest assured that there are
no loose ends.
What Damages are Allowed?
The issue of damages for a decedentís
pre-death injuries is similar as that
for damages in any personal injury tort
case. However, the Wrongful Death Act is
the sole vehicle for the recovery of
damages resulting from death.
Damages recoverable in wrongful death
actions are reasonable medical,
hospital, funeral, and burial expenses
for which the estate is liable;
reasonable compensation for the pain and
suffering, while conscious, undergone by
the deceased person during the period
intervening between the time of the
injury and death, and damages for the
loss of financial support and the loss
of the society and companionship of the
These potential damages require a
special investigation - and expertise.
MacArthur, MacArthur & Associates, P.C.
has what you need to defend these
Weíre the Right Choice for You
Contact the attorneys at MacArthur,
MacArthur & Associates, P.C. to provide
you the expertise you need to handle
these significant exposures.