Losing a loved one is an incredibly painful experience, especially when the loss is due to another party’s negligence or wrongful actions. A wrongful death lawsuit can provide the deceased’s family with financial compensation and a sense of justice. Our friends at Ted A. Greve & Associates can explain some important factors you should keep in mind before you get started on your case.
Definition Of Wrongful Death
Wrongful death occurs when a person dies due to the legal fault of another individual or entity. This can include deaths caused by medical malpractice, automobile accidents, occupational exposure and accidents, criminal actions, or any other situation where negligence or intent to harm is determined to be a causative factor.
Who Can File A Wrongful Death Claim
Typically, immediate family members of the deceased, such as spouses, children, and parents, are eligible to file a wrongful death claim. In some cases, extended family members or financial dependents may also have the right to file. The specifics can vary significantly by state, so understanding local laws is crucial.
Key Considerations For Filing A Claim
When considering a wrongful death lawsuit, several critical factors must be examined:
Proof of Negligence or Intent: To prevail in a wrongful death case, the claimant must prove that the death was caused either by negligence or a deliberate act. This involves showing that the duty of care was breached and directly led to the death.
Monetary Impact of the Death: Another major factor in these lawsuits is the monetary impact of the death on the survivors. This includes not only the loss of future income but also medical bills incurred prior to the death, funeral expenses, and the loss of benefits like health insurance and pension plans.
Non-Economic Damages: These refer to the compensation awarded for non-monetary losses, such as the emotional distress of losing a loved one, loss of companionship, guidance, and nurturing the deceased would have provided.
Statute of Limitations: Every state has a statute of limitations for wrongful death claims, which dictates the time frame within which a lawsuit must be filed. Failing to file within this period typically results in losing the right to claim.
The Role Of Your Lawyer
Given the complexity of wrongful death cases, contacting your wrongful death lawyer is not just an advantage—it’s often a necessity. A lawyer will help:
Understand and Navigate the Legal System: They can explain the relevant legal procedures and what can be expected at each stage of the lawsuit.
Gather and Present Evidence: This includes compiling documentation, working with forensic experts, and obtaining witness statements that support the claim.
Negotiate Settlements: An experienced lawyer will negotiate with defendants and insurance companies to reach a settlement that accurately reflects the value of the claim.
Trial Representation: If a fair settlement cannot be reached, having a skilled lawyer to represent the family in court is crucial.
Contact A Lawyer To Get Started
A wrongful death lawsuit is a significant undertaking with many legal, financial, and emotional considerations. While no amount of money can replace a loved one, achieving justice can provide a sense of closure and security to the bereaved. As always, professional legal counsel is crucial in managing these complex cases effectively, ensuring that all aspects of the claim are appropriately addressed.