In the unfortunate event that you have lost a loved one due to someone else’s negligence, it may be necessary to seek the help of a wrongful death attorney to hold them responsible for their actions. Here are some key things you should know about wrongful death cases:
What is Wrongful Death?
Wrongful death is a type of legal claim that people can make when someone dies as a result of another person’s negligence, recklessness, or intentional actions. This type of claim allows the family members or the estate of the deceased to file a lawsuit seeking damages from the responsible party.
Wrongful death claims can arise from a variety of situations, including but not limited to:
- Car accidents
- Medical malpractice
- Product liability
- Workplace accidents
- Criminal acts
How Can a Wrongful Death Attorney Help?
A wrongful death attorney can help you navigate the complex legal process of filing a claim and seeking compensation. They can also help you investigate the circumstances surrounding the death of your loved one to gather evidence that supports your claim.
The damages that can be recovered in a wrongful death case may include:
- Medical expenses related to the deceased person’s final illness or injury
- Funeral and burial expenses
- Lost income and future earning potential of the deceased person
- Pain and suffering experienced by the surviving family members
- Loss of companionship, care, and guidance
A wrongful death attorney can help you determine the types of damages that you may be entitled to under the law, as well as the amount of compensation that you may be able to recover.
Proving a Wrongful Death Claim
To successfully pursue a wrongful death claim, you will need to prove that the other party’s actions or negligence caused the death of your loved one. This may involve gathering evidence such as witness statements, medical records, and accident reports.
Your attorney will work with you to build a case that demonstrates that the other party had a duty to act with reasonable care, that they breached that duty, and that their breach of duty resulted in the death of your loved one.
The Statute of Limitations
It’s important to note that there is a limited amount of time to file a wrongful death claim. Each state has a statute of limitations that restricts the amount of time that you have to bring a claim. These limitations vary depending on the state and the circumstances of the case. It’s essential to speak with a wrongful death attorney as soon as possible to ensure that your claim is filed within the appropriate timeframe.
What is the difference between a wrongful death claim and a criminal case?
A wrongful death claim is a civil lawsuit that is filed against another party for causing the death of another person. A criminal case, on the other hand, is brought by the government against an individual or organization for committing a crime.
Can anyone file a wrongful death claim?
Only specific family members or the estate of the deceased may file a wrongful death claim. Each state has its own laws regarding who can file and what damages can be recovered.
What if the deceased person was partially at fault for their death?
Even if the deceased person was partially at fault for their death, it is still possible to recover damages in a wrongful death claim. However, the amount of damages that can be recovered may be reduced depending on the extent of the deceased person’s fault.
If you have lost a loved one due to someone else’s negligence, a wrongful death attorney can help you navigate the legal process and seek the compensation that you are entitled to. Contact us today to schedule a consultation to discuss your case.