When most people think of a personal injury attorney they think of a lawyer hired to represent someone who has sustained injuries as a result of another party’s negligence or carelessness. While this is certainly the case, a personal injury attorney can also be obtained to represent a third party – generally a family - that has filed a claim of negligence in connection with the death of their loved one. This is known as a wrongful death suit.

In such a case, a personal injury attorney will represent the family of the deceased throughout the legal process. Conducted very much like a standard personal injury case, a wrongful death case utilizes collected evidence – photographs, videotape, eyewitnesses, police reports, medical records, and the like - to prove liability. Such assignment of liability must be proven beyond a shadow of doubt in order for restitution to be awarded to the family. Restitution varies from case to case and may be awarded to cover the surviving family’s cost of living if they were dependent on the deceased’s income, medical expenses left for care received by the deceased in a hospital or out-patient setting, and compensation for grief and emotional injuries.

In terms of a wrongful death case, the personal injury attorney must show that the subject’s death – while not the intent of the defendant – was caused by the defendant’s negligent or careless actions; an example of this type of case might include a vehicle accident caused by a defendant’s careless driving.