When someone dies due to the negligence or misconduct of another person, family members may file a wrongful death lawsuit seeking financial compensation for their loss. A wrongful death lawyer can help family members determine what legal options are available to them and provide access to experienced, compassionate representation in seeking justice for their loved one.
A wrongful death case involves the death of a person resulting from the negligent, reckless or careless actions of another person or entity. Negligence can include any kind of failure to follow a legal duty, such as a business owner failing to adopt safety precautions at their worksite or a medical professional misdiagnosing an illness that leads to fatal consequences. In many cases, the deceased’s family can recover compensation for lost companionship, funeral expenses, financial support, and other losses caused by their sudden and tragic loss.
The first step in filing a wrongful death lawsuit is hiring a wrongful death attorney to ensure the case meets all the legal requirements. The lawyer will also assist in compiling evidence of the victim’s damages. This will usually involve tracking all of the expenses associated with the death, including any medical costs that were incurred before the accident and those that occurred afterward. It is important to be aware that a wrongful death case must be filed within the statute of limitations, which varies from state to state and can be complicated for those who are unfamiliar with legal matters.
Most wrongful death lawsuits are brought on the basis of negligence, which is defined as a lack of reasonable care and prudence in light of a particular situation. To establish negligence, a wrongful death lawyer will need to show that the defendant had a duty of care based on their profession or position and that they breached this duty in some way that resulted in the victim’s death.
While no amount of money can compensate for the loss of a loved one, the goal of a wrongful death lawsuit is to ensure that the survivors the victim left behind are financially taken care of after their loss. This includes covering the unavoidable expenses associated with a tragedy, such as funeral and medical costs, and it can also provide financial stability for the future if the deceased was the household’s primary source of income.
In addition to the above, survivors can recover compensation for the pain and suffering that they endured as a result of their loved one’s untimely death. This is known as conscious pain and suffering, and while no amount of money can truly replace the presence of a deceased loved one, this damage award can help to ease some of the intense grief that is often felt by family members after a sudden loss.
When choosing a wrongful death lawyer, you will want to consider their level of experience and trial experience. Although most wrongful death cases are settled out of court, a lawyer with extensive trial experience will be better equipped to fight for the full amount of compensation that you deserve if your case is not settled quickly and without a trial.