Personal Injury: Railroad Company

When a family member dies, and another person or company is found by a judge or jury to be responsible for the death, the surviving family members may be compensated for their damages resulting from the death. The family is not awarded money for their bereavement or grief, however. The damages awarded in a wrongful death case are the economic damages suffered as a direct result of the death, and the non-economic losses.

Economic Damages
Economic damages from the death of a family member may include the funeral costs, the costs of the last illness that resulted in the death, and the loss of financial support to the decedent's dependents. For example, if a father dies in a car accident and leaves small children without his income, the jury may award the children money to replace the lost financial support the father would have provided if he had lived.

Non-economic Damages
A jury may also award non-economic damages; the loss of the family relationship between the decedent and his family. Examples of non-economic damages are the losses of guidance, support and instruction that a child would have received from his mother who died in childbirth. Children who lost their parents in a car accident can present to the jury evidence of the close relationship they had.

Speaking with a lawyer can give you indications of what evidence can be presented in court to be awarded damages for the loss of your beloved family member.

For assistance with your legal matter, we invite you to call on our trial attorneys to ascertain how the law firm of W. Morris Taylor, P.C., can put over 80 combined years of legal experience to work for you, call us at (314) 725-7000, or contact us online. Discover how we earned our reputation for excellence and our track record of success.

Survivors can file a lawsuit for damages from negligent or intentional acts which result in death. Automobile accidents, falls, medical malpractice, assaults and products that cause the death of a beloved family member may result in an award of monetary damages to the decedent's survivors. A judge or jury determines whether the person or company who was negligent or committed an intentional act should be held responsible for the death, and also determines the amount of monetary damages awarded.

To be successful in a negligence case, the survivors must prove:

  • Duty of care:
    To be held responsible for negligence the survivor must prove that there was a duty of care owed to the decedent. This means the defendant had a responsibility to act to keep the decedent safe in some manner. An example of a duty of care is operating a vehicle/boat safely or keeping a patient alive during a medical procedure.
  • Breach of Duty of Care:
    If a judge or jury determines that a duty of care existed, the survivor must also prove that the Defendant breached the duty of care. For example, if a defendant found to have a duty of care, the survivors must also prove that the defendant failed to act with due care. In a vehicle driver situation, evidence of failure to act with due care could be proven by excessive speed, or driving while intoxicated.
  • Causation
    If the judge or jury finds due care was not used by the defendant, the survivors must also prove that the breach of due care directly resulted in the death. For example, if a doctor fails to diagnose cancer, but the death actually was caused by the decedent's heart attack, the defendant may not be held responsible for the death.

In each case, if a judge or jury determines that a defendant had a duty of care to the decedent, and failed to meet that duty of care, and it was the breach that caused the death, the survivors will be awarded monetary damages for the loss of their family member.

For assistance with your legal matter, we invite you to call on our trial attorneys to ascertain how the law firm of W. Morris Taylor, P.C., can put over 80 combined years of legal experience to work for you, call us at (314) 725-7000, or contact us online. Discover how we earned our reputation for excellence and our track record of success.

If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action against those responsible.

At W. Morris Taylor, P.C., our lawyers understand that nothing can replace the loss of loved one. But if you lost someone due to another person’s negligence, carelessness, or recklessness, or if a wrongful death was caused by a defective product, defective design, or failure to warn, then our St. Louis wrongful death attorneys can help you get the recovery you deserve.

We feature attorney W. Morris Taylor, who is certified in civil trial advocacy and civil pretrial practice advocacy by the National Board of Legal Specialty Certification - An American Bar Association Accredited Organization, and has over 42 years of trial experience, including assisting the seriously injured, and families who have lost someone to a wrongful death, obtain the compensation they deserve.

Wrongful death can occur from virtually any activity or product. Some of the more frequent causes of wrongful death include the following:

For assistance with your legal matter, we invite you to call on our trial attorneys to ascertain how the law firm of W. Morris Taylor, P.C., can put over 80 combined years of legal experience to work for you, call us at (314) 725-7000, or contact us online. Discover how we earned our reputation for excellence and our track record of success.

Representative Cases

legal malpracticeCase Type: Legal Malpractice
award amountDamages: $15 million; Settlement: Confidential
read moreRead case summary »
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legal malpracticeCase Type: Legal Negligence
award amountSettlement: $6.8 million
read moreRead case summary »
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personal injuryCase Type: Personal Injury
award amountSettlement: $3.25 million
read moreRead case summary »
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wrongful deathCase Type: Wrongful Death
award amountSettlement: Confidential
read moreRead case summary »
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wrongful deathCase Type: Wrongful Death
award amountSettlement: $1.3 million
read moreRead case summary »
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personal injuryCase Type: Personal Injury
award amountVerdict: $500,000; Medical: $39,000
read moreRead case summary »
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wrongful deathCase Type: Wrongful Death
award amountSettlement: $565,000
read moreRead case summary »
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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The information presented on this website is not legal advice as every case has unique circumstances.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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