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What is a Wrongful Death?
Death is always devastating, especially when it is someone you love. However, the pain can be lasting when you know it resulted from someone’s negligence. If such is your case, you can seek compensation under the law.
State define wrongful death as a death caused by a “wrongful act or neglect” If the “decedent” could have filed a personal injury claim had they lived, their death is “wrongful.” Our firm can help you file a wrongful death lawsuit. We can help you sue hospitals, police, nursing homes, doctors, etc.
If your loved one was killed in an accident or by someone’s negligence or wrongdoing, you might have a case. Contact us now if you need the services of a a qualified wrongful death lawyer.
How Wrongful Deaths Occur?
When someone dies because of someone else’s negligence, carelessness, or willful action, it is called a wrongful death. Usually, the families of people who could have lived can file wrongful death claims. Common causes of wrongful death lawsuits are listed below.
In the U.S., car accidents are the leading causes of wrongful death. Over 38,000 Americans die in car accidents typically caused by distracted, drunk, aggressive, visually impaired, and road construction drivers.
Medical malpractice can also lead to wrongful death. A doctor must ensure their patients receive proper treatment, diagnosis, and prescriptions. Even small prescription, diagnosis, or treatment errors can cause wrongful death.
If you believe a hospital or doctor provided substandard care that led to someone’s death, you can file a wrongful death suit against them.
Common medical errors that may lead to wrongful death claims include the following:
Maltreatment or neglect
Wrong medication or diagnosis
Anesthesia and surgical mistakes
Losing a family member due to a doctor’s error can be traumatic. However, if you can prove that your loved one’s death resulted from medical malpractice, you may get damages.
Plane crashes can also cause wrongful death. Accidents in the air that happen due to someone else’s negligence can attract a wrongful death claim. For instance, if the plane crash was due to faulty parts, poor design, or pilot error, it may count as a wrongful death case.
However, an airplane wrongful death suit can be complicated. This is because the negligent party is not so apparent in these wrongful death cases.
Families of victims usually sue airlines to get their wrongful death settlement. However, the airlines are only liable if the accident happens due to a negligent pilot. On the other hand, the airline may not be liable if the accident was due to a defective part of the aircraft. In this case, the manufacturer takes the blame.
Bad equipment, improper training, unsafe environments, fires, and explosions can cause wrongful death in work environments. Chemical exposure and falling debris can also cause wrongful death. When this happens, family members can sue the business owner for wrongful death damages.
If defective products cause wrongful death, manufacturers, suppliers, distributors, and retailers are liable. Claim types include:
Wrong product design
Lack of defect warnings
Nursing Home Negligence
Nursing home negligence can also cause wrongful death. If a patient dies due to a caregiver’s negligence, the nursing home and the negligent caregiver may be liable.
How to Find a Qualified Wrongful Death Attorney
Not all attorneys can handle wrongful death claims. To ensure high chances of success, you need to find yourself an experienced wrongful death attorney.
If you seek financial compensation, the first step is to find a law firm that specializes in personal injury and wrongful death claims.
Most legal firms that do this provide free consultation for family members of the deceased victim. After your free case evaluation, they will offer you their legal advice regarding the case and assign you a competent legal counsel to help you pursue compensation.
Whichever law firm you choose, you must find a firm with a good reputation in terms of attorney client relationship. Also, a good law firm should offer no obligation consultation.
What does a Wrongful Death Attorney Do?
There is no financial compensation that can undo the trauma of losing a loved one. However, seeking a fair and good settlement or judgment can allow surviving dependents and family members to recover and heal from their loss.
Wrongful death attorneys strive to help their clients get maximum compensation for the deaths of their loved ones.
Punitive damages and compensatory damages are the two main types of damages in wrongful death cases. Punitive damages are to punish the wrongdoer, while compensatory damages are intended to compensate eligible surviving family members for specific losses incurred due to their loved one’s death.
Compensatory damages in wrongful death cases may include:
Lost income, including expected future earnings
Medical bills associated with the victim’s final treatment/care
Reasonable funeral expenses and burial costs
Lost love, affection, guidance, counsel, and advice
Lost inheritance due to victim’s death
Financial support and services provided by the decedent
Conscious suffering and pain endured by the decedent
Who can File the Wrongful Death Lawsuits?
The decedent’s executor must file the wrongful death claim or lawsuit. An executor is the heir or personal representative of the decedent’s family. The law also allows the legal guardian of adults under guardianship to bring claims.
By law, damages in a wrongful death claims are sought on behalf of:
Surviving biological and adopted children
Biological or adoptive surviving parents
Minor stepchildren; if they are dependents
If none of these people exist, other blood relatives/family members who were financially dependent on the decedent can seek justice or damages.
When is it Too Late to Visit Lawyers for Wrongful Death Claim?
The personal representative of the decedent’s estate has only two years from the victim’s death to file a wrongful death lawsuit. In cases where a government entity is responsible for the wrongful death claim, the wrongful death statute of limitations is one year.
Furthermore, the more time your attorney has to gather evidence and build your wrongful death claim, the stronger it will be. That is because evidence tends to get weaker with time.
With time, people will have to clear the accident scenes, and they may destroy evidence. Witnesses may even change their address and become hard to find. Even those you can reach may forget what happened over time.
Therefore, you should contact a wrongful death lawyer as soon as possible.
Choose a Top Wrongful Death Law Firm
Our wrongful death lawyers would fight for full and fair compensation if someone else caused your loved one’s death. You may be entitled to financial compensation for medical expenses, funeral costs, loss of companionship, and more in a wrongful death lawsuit. We don’t get paid unless you win so that you can expect maximum restitution.
Our system ensures our attorneys focus on each wrongful death claim. Our wrongful death lawyers aren’t intimidated by opposition and know when to settle. Our team includes nurses, attorneys, and paralegals, giving us an advantage in research and case application.
Call us now and let us handle your case.