Personal Injury Attorney – Transportation Safety Professional
Don Murphy has been helping serious injury and wrongful death victims, their families and grieving survivors since 1984. He has spent well over 100 days in jury and court trials. Don is a member of national and state trial lawyer organizations (American Association for Justice, California Association for Justice and Wisconsin Association for Justice). Don graduated from Pepperdine University School of Law in 1984 and is a member of both the California and Wisconsin Bar Associations. He is the firm’s managing attorney and works closely with the other lawyers and paralegals and personally supervises each injury file. He represents injury clients throughout California and Wisconsin and appears in both jurisdictions on a regular basis. Don’s practice focuses on serious bodily injury and wrongful death caused by all types of motorized vehicle accidents and he has been responsible for over 2,000 successfully resolved injury claims.
Don spends a great deal of his free time supporting youth sports activities, and his children, and coached boys and girls basketball and little league baseball for 18 years. He played collegiate basketball at the University of Wisconsin-Whitewater and continues recreational play.
Injury Cases We Handle
When a loved one has died as a result of an accident, it’s important that you know your rights and responsibilities, to help bring justice for your suffering and compensation to your loss. The team of personal injury professionals at Murphy & Pressentin can help you recover monetary compensation for the losses to you and your family. We also bring you the following information on wrongful death and survival claims.
BOAT & WATERCRAFT
The carnage from accidents on our roads and highways is a major source of death and injury in the United States. In 2013, 32,719 people lost their lives and 2,310,000 were injured in motor vehicle traffic crashes.
Wrongful Death is defined as a fatality caused by “the wrongful act or neglect of another.”
Negligent Driving is the cause of most wrongful death claims. Most of these cases are brought against people who cause accidental deaths while driving carelessly. Examples of careless driving include running a red light, driving at unsafe speeds, or using a cell phone instead of watching the road. A negligent driver’s automobile liability insurance will cover claims made up to the policy limits. Some driver’s have additional insurance (such as umbrella coverage provided by a homeowner’s policy) that can also be used to pay compensation for a loss caused by negligent driving. An experienced injury attorney will be able to conduct an investigation to locate any additional policies or sources of compensation.
Who possesses the wrongful death claim? State law allows certain people (usually heirs – spouse, children, parents, or siblings) to bring a claim for compensation for their losses that resulted from their loved one’s wrongful death. The claim may be made directly to the negligent driver’s insurer or filed in court action.
How long do I have to bring a wrongful death claim? State law limits the time within which all injury claims must either be resolved by settlement or filed in a civil court action. State laws vary, but most have limitations of two years from the day of the accident (California, Illinois, Pennsylvania) while others have three years (Wisconsin). Some states have only one year (Tennessee). It’s important that you understand exactly how long you have to bring your claim, for if you miss the limitations period by even one day, your right to compensation will be lost forever.
What is a survivorship claim? While the wrongful death claim compensates family members for their losses due to a loved one’s demise, the survivorship claim is a claim made by the deceased’s estate for compensation for the losses the deceased incurred prior to passing. This would include any medical expenses or lost wages during hospitalization. Some states (not California) permit the estate to seek damages for the pain and suffering the deceased experienced prior to death.
Damages recovered through a survivorship claim become the property of the deceased’s estate and are distributed to the deceased’s heirs.
What compensation can be awarded for wrongful death? In addition to the losses to the estate that can be pursued through a survivorship claim, family members may seek compensation for their own losses. Some of those losses are financial while other losses are emotional, such as the loss of the deceased’s love and companionship.
Financial losses would include the loss of the deceased’s income to those who were dependent upon it for their economic support. Economic damages may also involve the value of gifts or future inheritance that would have been received had the deceased enjoyed their normal life expectancy. Household services the deceased provided are subject to valuation and compensation. For instance, household chores of cooking, cleaning or laundry may be calculated over a person’s life expectancy for dollar values. In addition, the advice, love and direction which a parent would be expected to provide to a child may be assigned a dollar value for reimbursement.
Noneconomic damages for wrongful death compensate people for three categories of losses:
The loss of the departed’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
In situations of a spouse, the loss of the enjoyment of sexual relations with the deceased.
Primarily in the case of a child, the loss of the training and guidance that the deceased would have provided.
Some states (not California) permit payment of damages for grief, sorrow or mental anguish that the person bringing the claim has experienced as a result of their loss.
It is difficult to place a dollar value on the loss of love and companionship. An experienced injury attorney will be able to develop information necessary to analyze and assign reasonable values to the various losses experienced by each family member entitled to advance a claim.
Amputations. If an injury results in the loss of a limb then the consequences are both life changing and traumatic. In many cases it leads to post traumatic stress disorder (PTSD). No one can underestimate the devastation experienced by someone who has lost an arm or leg which not only affects their quality of life but of those close to them.