Wrongful Death Claims
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An attorney for wrongful death can't undo the pain, grief, and sense of loss that accompanies the death of a loved one.
When your spouse, child, parent, or other family member dies because of another’s negligence, you may have a valid wrongful death claim.
Filing a wrongful death lawsuit can be used to hold the responsible party accountable for what happened.
In the aftermath of a fatal accident, taking legal action isn't just about the money.
The trial lawyers at Lawsuit Legal have a winning track record of helping grieving families navigate the complicated civil law process successfully.
It's never easy when someone you love dies because of negligence, and it was possibly preventable.
Surviving family may be able to sue to recover compensation from the at-fault party which could ease the financial strain that comes with this loss.
When someone dies, the resulting legal action is high-stakes, and in our experience, their attorneys will fight hard to avoid responsibility.
The nationally recognized wrongful death attorneys at Lawsuit Legal have a hard-won reputation fighting complex injury and death cases.
We don't shy away from tough cases; contact us for a free consultation to review your case now.
- Over $100 million won for injury & accident victims
- Trial-tested w/ award-winning track record fighting for the injured
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What Constitutes a Wrongful Death?
A wrongful death claim is a legal action that arises when the negligent, reckless, or intentional actions of another party cause a person's death.
The wrongful death laws allow for the filing of a civil lawsuit that can hold those responsible accountable.
A valid wrongful death claim seeks to compensate the surviving dependents or beneficiaries, who are entitled to monetary damages due to the defendant’s conduct.
Wrongful death claims can result from a wide range of negligent or illegal acts that cause someone to die.
The wrongful death laws vary from one state to another, but they typically provide surviving spouses and next of kin the right to file claims against the responsible party for damages suffered resulting from the loss of the decedent.
Wrongful death claims are handled similarly to how a personal injury lawsuit would proceed if the deceased had lived.
In the case of a wrongful death lawsuit, a representative of the estate or surviving family member files the claim on their behalf, depending on the state.
As a general rule, any death that occurs due to the negligence of another person or entity will qualify if you have standing to bring legal action.
Each state handles wrongful death claims and lawsuits differently, and jurisdictional variances will affect your legal options.
"Negligent, intentional, wanton acts or reckless behavior which result in another person's death will, in most cases, constitute a valid wrongful death claim."
Common Causes of Wrongful Death:
- Auto Accidents
- Medical Malpractice
- Work Accidents
- Nursing Home Negligence
- Birth Injuries
- Occupational Hazards
- Product Defects
- Criminal Actions
A tragic hallmark of wrongful death is that it often leaves loved ones behind, robbed of the chance to say goodbye.
When you sit down with your wrongful death attorney, you can discuss the unique circumstances of your case to determine if you have standing to file a claim.
When you contact us to discuss your case a member of our law firm will review your the unique circumstances and explain the next steps to take legal action.
How Much is a Wrongful Death Case Worth?
Every wrongful death case is unique, and the potential value can fluctuate dramatically based on the circumstances.
When you lose someone due to the intentional or negligent acts of another, you may be able to recover compensatory damages.
While monetary compensation doesn't undo the damage that was done to your family, it provides financial security to carry on with your life after tragedy.
Depending on the circumstances, you may be able to file a wrongful death claim and/or a survival action on behalf of the estate to recover the decedent's losses, the proceeds of which go to the beneficiaries. A skilled legal team can help you pursue all legal paths available to make you as whole as the law allows.
You may be able to settle with the liable parties, or if a satisfactory settlement is not reached, go to court to secure a verdict if pretrial settlement offers are deemed insufficient. Compensation can be substantial and range from thousands of dollars to multi-million dollar payouts, depending on the nature and strength of the case.
Examples of Possible Wrongful Death Damages
- Any medical bills related to the deceased’s treatment and care
- Funeral, burial costs and other immediate death-related expenses
- Loss of income and lost future earnings because of the person’s death
- Lost benefits, including social security, life insurance, retirement, savings, and more
- Loss of services usually managed by the deceased
- Loss of support, companionship, and guidance
- Other intangible losses experienced by family members
- Punitive damages in some cases and jurisdictions
With the help of our wrongful death lawyers, you can assess the economic and non-economic losses allowed by law. We can help you determine if you have a valid claim and what it's potential value is during your initial consultation.
What Does a Wrongful Death Attorney Do?
Due to the complexity of wrongful death cases, having experienced legal representation is crucial. An experienced wrongful death attorney understands the legal process and can handle the complicated legal aspects of your case to help your family move forward. When you hire a law firm to handle your wrongful death case here's what the attorneys do to help:
Consultation: The best lawyers are dedicated to each client's well-being, are accessible, and provide clear communication. During your free consultation, you can share what happened to your loved one and review your legal options. Find out if you have grounds to file a wrongful death lawsuit, assess potential damages, discuss attorney's fees, and next steps. If you decide to proceed and take legal action, you can expect your lawyer to aggressively protect your family's right to financial recovery.
Investigation: Your legal team will investigate the accident to collect the evidence and facts surrounding what happened. They will look for proof of negligence, identify the liable parties, and gather proof of your damages to support your claim. Evidence will be gathered to satisfy the elements of wrongful death required to meet the standard for a valid claim.
Build a Strong Case: From day one your legal team will begin preparing your claim and building your case. They will need to prove the at-fault party was responsible. They will negotiate with the insurer while they prepare your case for court in case filing a wrongful death action is necessary. In most cases, an out-of-court settlement can be reached acceptable to affected family members.
Courtroom Representation: Your lawyers will ensure you meet the statute of limitations deadline for a civil court action so you don't miss the date and potentially lose your right to sue. If going to court proves necessary to hold the responsible party accountable, the trial attorneys will represent you at trial.
Communication & Support: Get clear communication and legal guidance throughout the legal process. During this time, your legal team is available and responsive to answer your questions and discuss the legal implications of critical decisions in the case.
Skilled representation provides the best chance to hold the responsible accountable and get the best possible outcome for your claim. Our lawyers for wrongful death are standing by to answer your questions and explain your legal options based on the unique circumstances of your case.
Survival Actions vs Wrongful Death
Depending on the jurisdiction, next of kin may be able to file a direct wrongful death claim to recover compensation for their own losses as opposed to filing a claim on behalf of the estate or executor. A survival action claim is filed by the estate of the deceased and seeks to obtain compensation for the decedent's losses.
A survival action seeks to compensate the estate for injuries sustained up until the time of death, including pre-death medical expenses, pain and suffering, and lost wages from the time of injury to when they died.
It provides a path for recovery for damages sustained from the time from which the victim was injured until they pass away. Where allowed, a survival action claim can be filed in conjunction with a direct wrongful death claim.
Additionally, wrongful death cases can only be filed after the victim has died. Suvival actions can be filed while the catastrophically injured party is still alive, whereas direct wrongful death cases can only be filed after the victim has died.
Our attorney will be able to help you determine what legal options are available and the necessary next steps should you wish to proceed when you sit down to discuss what happened.
Who Can Be Sued for Wrongful Death?
There are a variety of circumstances that can lead to a person dying as a result of someone else actions.
In cases of wrongful death, liability can vary based on the specific circumstances of the case and the laws of the jurisdiction where the incident occurred.
Potentially liable parties responsible for the death may include individuals, companies or employers, government entities, product manufacturers, or property owners.
During the investigation process your lawyers will seek to uncover what parties may have liability exposure based on what happened.
- Individuals: When a person's negligent, reckless action or intentional action caused the death.
- Companies and Employers: When a company, employer, or its employee's negligence during the scope of employment caused the victim's death, it can lead to direct or vicarious liability.
- Government Entities: In some cases, local municipalities, cities, or government agencies can be held liable for wrongful death.
- Product Manufacturers: Dangerous and defective products that cause someone's death may result in the product manufacturer being held liable under product liability laws.
- Property Owners: Premises liability laws provide a means of holding the property owner liable for unsafe conditions that lead to death.
In our experience, wrongful death cases regularly involve powerful entities that will fight to avoid responsibility.
Standing up to powerful insurance companies, city governments, and product manufacturers requires an experienced law firm with both the skill and the means to obtain justice.
