GOOGLE SCREENED
You Call Us or Text US Right NOW!
503-367-0829
GOOGLE SCREENED
You Call Us or Text US Right NOW!
503-367-0829

Understanding Wrongful Death Claims and the Road to Justice

Wrongful Death Claims

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.

author avatar
accidentattorney

Related Posts

I was badly injured in an auto accident. Bartley Herron persuaded the insurance company that they needed to give me the maximum settlement of insurance coverage. The money was and is very important to my family. I recommend Mr. Herron to anyone needing an honest, intelligent and strong attorney to represent them and to fight hard for them. That is what Mr. Herron did for me.
HERNANDEZMolalla, Oregon
Before I called the Herron Law office, I called many other personal injury law offices for free advice. I left many messages, but I received no callback. Then I called Herron Law and spoke with Olga. She spent almost an hour talking to me about my car accident case and told me what I needed to do next. She even emailed me the summary of our conversation to remind me what steps I needed to take in case I forgotten. Thank you, again.
HeidyMedical AssistantBeaverton, Oregon
I contacted your law firm for help after being hurt. I had been talking with the insurance company. The adjuster wanted to settle. But I was concerned that I should talk to a lawyer. Your firm represented me and got more than three times the money the insurance company was wanting to pay. I’m very thankful for the money and what you did for me.
LAURIEPortland, Oregon
Attorney Bart Herron was referred to me by a friend and co-worker who had been previously helped by Mr. Herron. He took my case too and obtained a settlement much higher than I had dared to hope for. I recommend him highly.
DebWashington
We cannot tell you how important it was to my family to receive the money you got us. My family and I were extremely happy when you told us how you pushed the insurance company to settle for the whole amount that they can be sued for. Your law firm did all this and we didn’t even have to go to court. You always have our appreciation.
JORGEBeaverton, Oregon
Thanks to you for your hard efforts and support, you gave me the drive to fight. I actually miss you guys. We think about you often. Even when things were tough you always made me smile. I can never thank you enough.
C.Portland, Oregon
I recommend Herron Law, LLC to everyone. I was hurt in a car accident and the insurance company tried to get me to settle without talking to an attorney. I am glad that I talked with you instead. The settlement your people obtained for me was much better than anything the insurance company had offered me. It turned out that I went through an unexpected hardship right after the car accident. I ended up really needing the extra money. Thanks for all of your help and concern.
GARYPortland, Oregon
Sometimes it takes more than a well-rounded education, years of experience, and an understanding of the psychology that separates prosecution from defense . . . sometimes it takes Guts to stay the course! We initially chose Mr. Herron based on AVVO reviews, his years of experience, his area of expertise, and even his physical appearance bearing in mind how our son might receive and interact with Mr. Herron and how Mr. Herron’s appearance might be perceived in the courtroom by juror’s. Just l… Read more
DO YOU WANT TO WIN?former client, Portland, Oregon
I had a very difficult case because I had been injured so many times in the past. The insurance company’s lawyers tried to make fun of me and kept saying that if I was hurt then it was someone else’s fault and because of one of my old injuries. Mr. Herron put a stop to this. He forced them to deal with the damages I had. And, he made them to pay for the injuries I had now and the old injuries which were made worse. I am grateful for his strength and tack. Mr. Herron stood up for me.
C.C.former client from Portland, Oregon

Contact Me For “FREE IN-DEPTH” Case Evaluation NOW:

Time Might Be Limited. Don’t Delay!

    FOR DOCTORS:

    If You are a doctor or a practicing medical professional and would like to refer a case to our attorney, please reach out directly by phone 24/7 at 503-367-0829.

    FOR LAWYERS:

    If You are an attorney and would like to refer a case to our attorney Bart Herron, please reach out directly by phone 24/7 at 503-367-0829.