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Felix P. Montero, Attorney

About | Wrongful Death

Montero Law can help in a wrongful death case. It is possible for a family to seek retribution against someone who kills or is accused of killing a family member through tort rather than a criminal prosecution, which has a higher burden of proof. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person’s death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action

Wrongful death is a cause of action, or type of claim, that can be brought when one person or entity wrongfully causes someone’s death. It allows a lawsuit to be filed even though the person who was harmed is no longer alive to bring the case. The family of the decedent will bring  a “wrongful death” claim will in order to recover a survival claim on behalf of the decedent’s estate to recover for funeral expenses, pain and suffering, loss of companionship or punitive damages. 

At Montero Law will evaluate each case individually, and our goal is to present detail evidence that present the fullness and relationship between the plaintiff and the decedent.  This requires intensive preparation and compilation of evidence.  Due diligence and collection of evidence executed properly, in a wrongful death case, will eventually reflect the full extent of general damages and they sometimes can be substantial.


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