At Maxwell, Freeman & Bowman, P. A., our attorneys handle a wide range of personal injury lawsuits, including automobile accidents, traumatic brain injuries, construction accidents and wrongful death. 

   Our attorneys work closely with victims and their families through every stage of medical care.  We represent clients who suffer life-changing or life-ending injuries, such as:

• Severe burns
   
• Spinal cord injuries
   
• Amputations
   
• Accidents that result in disability
   
• Closed head injuries
   
• Paralysis
   
• Traumatic brain damage
   
• Wrongful death 

Our attorneys take responsibility for your case right from the start by thoroughly investigating and gathering the evidence to make your case.  You can trust us to aggressively and effectively represent you, allowing you to focus on health, family and financial issues.  Our attorneys will advocate for your right to compensation for your injuries, including pain and suffering, lost wages, medical expenses and any lost potential future earnings.

If someone dies because of the negligence or misdeeds of another person, corporation or entity, that is considered “wrongful death”.  Part of the “personal injury” tort family, wrongful death holds an individual, group or corporation (defendant) accountable for causing injury to another person (plaintiff).  Typically, wrongful death suits involve vehicular accidents (aviation, automobile, ATV, motorcycle, or railroad), defective products, medical malpractice, pharmaceutical liability, and a number of other situations.

The primary goal of a personal injury tort is to provide relief to the plaintiff and to deter the defendant from inflicting further harm to others.  In a wrongful death action, consideration is given to the earnings the deceased would have provided to their family had they lived and damages are awarded to survivors based on this monetary loss.  Survivors may also receive damages for medical and funeral expenses for the victim, estate administration expenses, survivor’s emotional pain and suffering, and punitive damages.

State laws vary as to who may pursue a wrongful death claim.  Generally, it is the immediate family members (spouses, children and parents).  The amount of damages awarded will depend on the plaintiff’s relationship to the deceased, while the compensation for damages may include compensation for the following: 

• Reimbursement for all medical expenses incurred as a result of the negligence.
   

• Reimbursement for the loss of any future income.
   

• Reimbursement for property damage, if applicable.
   

• Reimbursement for any future services, normally provided to you by the person who has died.
   

• Reimbursement for loss of consortium, meaning a spouse’s right to the companionship, help and affection from the person who has died.
   

• Reimbursement for any punitive damages if the negligence was found to be gross or willful. 

The common element in most tort actions is negligence which is characterized by inattention, thoughtlessness, inadvertence and mistakes.  Negligence must be proven in wrongful death cases and Maxwell, Freeman & Bowman, P. A. is skilled in helping clients prove that the four critical components of negligence exist in their claim: 

1. The defendant had a duty to the deceased;
    
2. The defendant failed in that duty (breach of duty);
    
3. That the fatality was caused by the defendant’s breach of duty; and
    
4. That the survivors are entitled to damages as a result of the loss of their loved one.

In addition to establishing negligence, the joint life expectancy of the deceased and the survivor or beneficiary must be presented (to establish the loss of future earnings) and the relationship of the survivor and deceased must also be shown.  Finally, effective presentation of the non-economical or emotional loss suffered by the survivor is critical to a fair award of damages. 

Catastrophic personal injury and wrongful death cases are often complex.  At Maxwell, Freeman & Bowman, P. A., we have the experience and resources to expertly evaluate injuries and successfully pursue claims.  If you or a loved one experienced a serious injury due to unsafe conditions or the negligent actions of another person, you could be eligible for significant financial benefits.