Don’t Let The Wrongful Death of a Loved One Ruin Your Life
Wrongful death cases arise when you feel that the death of a loved one could have been prevented.
The death of a loved one can be extremely devastating especially if you believe that their death could have easily been prevented. If you believe that your loved one’s death can be attributed to someone’s negligent or intentional act, call 1-800-LAWBOSS. Our experienced attorneys will work tirelessly to find compensation for your loved one’s unexpected death.
Q: What is wrongful death claim?
A: A wrongful death claim is a type of personal injury lawsuit that is made when someone is killed in an accident that was caused by a wrongful act, neglect, carelessness, or unskillfulness of another party.
The four elements of wrongful death include the following:
- Negligence: The death was cause, in part or in whole, by the recklessness, carelessness, or negligent actions of the defending party.
- Breach of Duty: It must be proved that the defendant owed a duty to the deceased victim. For example, a driver has a duty to drive safely and obey traffic laws and doctors have a duty to maintain standard medical practices.
- Causation: It must be proved that the defendant’s breach of duty caused the death.
- Damages: The death of the victim must have created quantifiable damages, such as funeral costs, loss of income, medical expenses, or pain and suffering of the victim prior to death.
Q: Who can file a wrongful death claim? Who can be sued for wrongful death?
A: All affected parties can file a wrongful death claim against multiple parties responsible.
Because the victim of a wrongful death is unable to speak for themselves, immediate family members, spouses, and anyone who suffered financially due to the death may file a wrongful death claim.
The defendant in a wrongful death lawsuit does not have to be an individual—it can also be a company or a government agency. Oftentimes, a wrongful death lawsuit can be brought against a wide variety of people for a single death, if more than one party is responsible.
Q: What damages are recoverable in a wrongful death suit?
A: There are various economic and non-economic damages that you can recover.
Although nothing can replace the loss of your loved one, damages are paid to compensate the surviving family members for any losses caused by the death. You may be able to recover a range of economic and non-economic damages, including:
- The deceased’s pre-death pain and suffering
- The medical costs that the victim incurred as a result of the injury prior to death
- Funeral and burial costs
- Loss of the deceased’s expected income
- Loss of care, guidance, services, love and companionship that the deceased would have provided
- Loss of consortium (loss of spouse/family member)
Q: Is it too late for me to file a wrongful death claim?
A: Speak to your attorney right away for a free consultation regarding wrongful death. Consulting with your attorney will help clarify if you are still able to file a claim.
The statute of limitations for wrongful death in the Unites States varies by state. Each state determines the duration of time you will have to file a wrongful death claim so it is imperative to speak to you attorney as soon as possible to review the time limitations. If you have questoins about these limitations call 1-800-LAWBOSS to see how we can help.