Losing a loved one is an extremely devastating and painful experience, and when their death occurs due to negligence or wrongdoing of another party, the emotional trauma becomes immensely overwhelming.
During such a challenging time, it’s crucial for surviving family members to understand their legal rights and seek justice for their loved ones through a wrongful death claim. While the legal process cannot bring their loved one back, it can offer some respite in terms of financial compensation and a sense of justice being served.
As dedicated personal injury attorneys, we support families in navigating through this difficult period by providing them with comprehensive guidance and representation in wrongful death cases. In this article, we intend to shed light on the essential aspects of wrongful death claims, including the critical elements needed to establish a valid claim, the types of damages that can be awarded, and the legal process involved in pursuing such a case.
What Constitutes a Wrongful Death Claim?
A wrongful death occurs when a person dies due to the negligence, carelessness, or intentional act of another individual or entity. Common causes of wrongful deaths include car accidents, medical malpractice, workplace accidents, and defective products. When such an untimely demise occurs, surviving family members may file a wrongful death claim to seek compensation for damages resulting from their loved one’s death.
It’s important to understand that wrongful death claims differ from criminal cases. Wrongful death cases are civil lawsuits that aim to provide financial compensation to the deceased person’s family, while criminal cases seek to punish the wrongdoer through penalties such as imprisonment or fines.
Critical Elements Required to Establish a Valid Claim
To succeed in a wrongful death claim, the plaintiff must prove the following four elements:
1. Duty of care: The plaintiff must establish that the defendant owed the deceased a duty of care in the particular circumstance. For instance, drivers have a duty to exercise reasonable care not to harm others on the road.
2. Breach of duty: Next, the plaintiff must prove that the defendant breached this duty of care through a negligent action or inaction. Using the previous example, a driver could breach their duty by texting while driving, causing an accident.
3. Causation: The breach of duty must be the direct cause of the deceased’s death. The plaintiff needs to establish that, but for the defendant’s negligent act, their loved one would not have died.
4. Damages: Finally, the plaintiff must show that they suffered quantifiable damages as a result of the wrongful death, such as medical expenses, funeral costs, or loss of financial support.
Types of Damages That May Be Awarded in Wrongful Death Cases
In wrongful death claims, plaintiffs can seek a variety of damages to help alleviate the financial burden following their loved one’s death. These include:
1. Economic damages: These damages compensate for the financial losses incurred due to the wrongful death. They typically include medical expenses, funeral and burial costs, loss of the deceased’s income, and loss of benefits like health insurance.
2. Non-economic damages: These damages are awarded for the emotional pain and suffering the family endures due to the wrongful death. Non-economic damages may include loss of companionship, love, guidance, and support from the deceased.
3. Punitive Damages: It’s important to note that the types of damages and their amounts will vary depending on the specific circumstances of each case.
The Legal Process Involved in Pursuing a Wrongful Death Lawsuit
The process of pursuing a wrongful death claim typically begins with the filing of a complaint in a civil court by the deceased’s personal representative or surviving family members. This complaint must contain the relevant allegations supporting the claim and the specific damages sought.
After the complaint is filed, the discovery phase ensues, during which both parties gather evidence through various means, including document requests, interrogatories, and depositions. This phase helps the parties understand the strengths and weaknesses of their respective cases.
Once discovery is complete, the parties may attempt to settle the case through negotiations, mediation, or other alternative dispute resolution methods. If a settlement cannot be reached, the case proceeds to trial, where the plaintiff must prove the necessary elements to establish the wrongful death claim.
The Importance of Experienced Legal Representation
Engaging the services of an experienced wrongful death attorney is crucial in ensuring a favorable outcome in your case. A skilled attorney can help you negotiate with insurance companies, gather crucial evidence, navigate the complex legal process, and, ultimately, secure the compensation you deserve.
Moreover, wrongful death claims are subject to specific deadlines, known as statutes of limitations. These timeframes vary by state and type of claim. Missing these deadlines may result in losing your right to compensation. An experienced attorney can ensure that your case is filed on time and in accordance with all required legal formalities.
Final Thoughts
Filing a wrongful death claim serves to hold negligent parties accountable for their actions, providing financial compensation to support the surviving family members. Understanding the key aspects of wrongful death claims and the legal process involved is essential for seeking justice in your loved one’s memory.
As you embark on this journey to secure the compensation you deserve, an experienced attorney can be your guiding light, offering compassionate support and expert guidance every step of the way.
When you need skilled legal representation for your wrongful death claim, choose Herron Law. Our dedicated team of seasoned wrongful death attorneys is here to help you navigate these challenging times and achieve the justice you seek. Contact us today for a consultation.
