Losing a loved one is one of the most devastating experiences a person will ever have. Finding out that your loved one died as a result of another party’s negligence makes the situation even more unbearable. A death caused by the negligence of another can be grounds for a wrongful death lawsuit.
If your loved one was involved in an accident that was caused by the negligent actions of another, whether it be a car accident, a work accident, or an accident on someone else’s property, you can rely on a wrongful death attorney from Needaninjuryattorney.com to help you achieve compensation for damages and the justice you and your loved one deserves.
Although no amount of money can ever replace the loss of your loved one, wrongful death lawsuits often help families alleviate the financial burdens they suffer as a result of the tragic event. Call us today to speak with an attorney about your accident.
What Is A Wrongful Death Claim?
A wrongful death claim is a lawsuit filed on behalf of a person who lost their life. These suits are similar to personal injury claims, but provide compensation for damages sustained by the relatives of a decedent rather than to the decedent themselves.
This type of lawsuit can be filed against one or more responsible parties depending on the specific circumstances of each case. When a person is killed in a car accident, for instance, a wrongful death claim can be filed against the negligent driver that caused the crash. In cases where a defective part led to the incident, the entire manufacturing company and retailers can be held liable.
Wrongful death claims were created to protect the rights of individuals who have lost their loved ones as the result of another party’s negligence or reckless acts. Each state’s laws specify who is entitled to recover compensation for damages. If the responsible party is deceased, most states allow the families of decedents to file lawsuits against the wrongdoer’s personal representative or any party involved in the incident.
One of the easiest ways to explain a wrongful death lawsuit is by comparing it to a personal injury case. When a person files a personal injury claim, they attempt to obtain money from a person who caused injuries to them. In a wrongful death claim, the family members of the decedent file a lawsuit against the person who caused their death because the decedent is not available to file a lawsuit for themselves.
Filing a wrongful death lawsuit is extremely challenging to do alone. Claimants are required to prove negligent acts on behalf of the responsible party directly led to the death of the decedent. Hiring an experienced personal injury attorney from Needaninjuryattorney.com can greatly improve your chances of filing a successful lawsuit.
Damages That Can Be Awarded In A Wrongful Death Claim
Individuals who file wrongful death suits on behalf of their deceased loved ones are able to recover compensation for the damages they sustained as a result of the death. Damages recovered can be either economic compensation, non-economic compensation or punitive compensation.
Economic compensation typical includes awards for funeral and medical expenses, as well as lost wages. Non-economic compensation is awarded for emotional suffering. These amounts are unpredictable as it is generally not possible to equate a dollar amount to the extent of a person’s suffering. Instead, these awards are given to alleviate some of the financial strains that surviving relatives experience due to losing their loved one.
Some common types of economic and non-economic compensation pursued in wrongful death claims are:
- Lost income
- Loss of future earnings
- Loss of healthcare and other benefits
- Loss of social security benefits
- Medical expenses
- Funeral expenses
- Burial expenses
- Lost inheritance
- Loss of parental guidance (for children)
- Loss of companionship (for spouses)
- Pain and suffering
- General damages
In some states, punitive damages can be awarded to claimants. This type of award is typically imposed against negligent parties as a form of punishment for their actions. Working with a wrongful death attorney at Needaninjuryattorney.com can help you recover the maximum amount of compensation you are entitled to for your claim.
Who Can File A Wrongful Death Claim
No matter which state you live in, spouses, children, and parents of the decedent are legally allowed to file wrongful death claims to recover compensation. Beyond immediate family, states each have their own set of guidelines as to who is able to file a lawsuit. Quite often, states allow individuals who were dependent upon the decedent for at least six months prior to the incident that led to the death. These individuals can include:
- Life partners
- Siblings
- Grandparents
- Nieces and nephews
- Parents of deceased unborn children
In most cases, wrongful death claims must be filed within two years after the death occurred. Contact a wrongful death attorney at Needaninjuryattorney.com as soon as possible to ensure your legal rights are protected. Our experienced attorneys will begin working on your case immediately to ensure the best possible outcome.
Filing a lawsuit immediately will ensure evidence is persevered and collected, witnesses are able to be contacted for statements, and experts can adequately reconstruct the scene of the incident to provide the best representation of what events lead to the decedent losing their life. The earlier a lawsuit is filed, the more time your attorney will have to build a solid case.
A Survival Claim In A Wrongful Death Case
In addition to filing a wrongful death claim, the decedent’s estate can file a survival claim regarding injuries sustained by the decent before death. For this type of claim, the estate collects damages from the lawsuit instead of the living family members. These damages are awarded for the pain and suffering experienced by the decedent before death, in addition to other financial losses they suffered at the time.
This type of lawsuit is technically comparable to a personal injury claim that the decent would have otherwise filed had they survived. These damages are recovered and placed in the estate. Afterward, they are distributed among individuals who are listed in the will. In cases where a will does not exist, the recovered amounts are divided among family members according to law. Some of the most common damages recovered in a survival claim include:
- Physical and emotional pain after the injury but prior to death
- Medical costs associated with hospital stays, medical treatment, and care given to the victim before death
- All funeral expenses and burial expenses
To ensure your best chances of recovering damages from a survival claim, you should hire a wrongful death attorney from Needaninjuryattorney.com to work with you throughout the entire process.
How To File A Bystander Recovery Claim
Individuals who witnessed the death of the decedent may be entitled to file a bystander recovery claim. These types of claims are generally filed in cases where close family relatives of the decedent witness the actual death or the immediate aftermath of the accident. An example of this is coming across the body of a loved one who was just killed by a vehicle or a loved one that slipped, fell, and died on someone else’s property.
In order for bystander recover claims to be successful, a bystander must prove that they suffered emotional and mental damages as a result of witnessing the incident or finding their loved one after the tragic accident occurred. Some of the most common problems bystanders suffer from are depression, anxiety, nightmares, sleep problems, or other nervous and mental disorders that have a dramatic impact on their general wellbeing. These conditions can have long-term impacts on a person’s ability to function normally.
Some Examples Of When Wrongful Death Claims Are Appropriate
Wrongful death cases can be filed under various circumstances. Some instances are more common than others. Some of the most commonly argued circumstances surrounding wrongful death claims are:
Automobile accidents: Over 30,000 individuals across the United States lose their lives in automobile accidents. Reckless driving, negligence, and drunk driving are some of the leading causes of death in these instances.
Medical Malpractice: Millions of patients entrust their lives in medical professionals each year. These individuals are trained experts in their field and save countless lives daily. Unfortunately, there are numerous instances when crucial errors during treatments or surgeries can have very unfortunate consequences. Doctors often fail to make an adequate diagnosis, give the wrong amounts of medications, or even work in unsanitary environments. All of these situations can have fatal outcomes, leaving doctors liable for the events leading up to death.
Premises Liability: Individuals who fail to maintain their property safely can be held liable for deaths that occur. Whether sidewalks are cracked, stair rails are missing, or there is improper lighting, all of these can be very deadly. It is imperative for property owners to take all precautions to make sure their land is safe for visitors. Ignoring faulty electrical wires, cracked flooring, or even having inadequate security can leave property owners liable for individuals losing their lives.
Unsafe Medical Equipment, medications, or medical products: Individuals purchase medications and medical equipment under the expectation that the device or product is going to function as intended. People assume that these things are safe to use. Commercial products are required to adhere to strict liability standards. Unfortunately, this is not always the case. There are several instances when companies rush to offer products to the public without ensuring they are completely safe. They may cut corners in production or offer products that have dangerous designs implemented from the start. When manufacturers sell products that are unsafe, they assume all the legal responsibility for death and injuries resulting from the product’s use.
Nursing Homes: Wrongful death claims can be filed against nursing homes if they fail to provide adequate care to patients. Successfully providing liability against a nursing home requires a claimant to show that some sort of elderly abuse or neglect took place and resulted in the death. These cases often require witness statements, medical examinations, and photographs or videos showing abuse marks or behaviors.
Death In A Hospital: A party may be able to file a wrongful death claim against a hospital if a patient dies due to negligence on behalf of medical personnel under certain circumstances. Hospitals are generally not held liable for deaths that were caused by sub-contractors to the hospital. Only deaths caused by a negligent act by direct hospital employees can result in a successful lawsuit.
How Long Do Wrongful Death Lawsuits Take
Although the emotional and financial suffering results instantly after the death of a loved one, wrongful death lawsuits are not as quick to respond. The length of the settlement depends upon various factors. The number of parties involved and their willingness to settle will have a major impact on a speedy recovery.
When parties are unwilling to settle, cases can take several months or years from the initial filing to the actual collection of compensation for damages. Hiring an experienced attorney from Needaninjuryattorney.com will greatly improve your chances of filing a successful lawsuit to recover the maximum amount of compensation for your case.
Let A Wrongful Death Attorney Help You Protect Your Legal Rights
Wrongful death claims are extremely complex and challenging. They are often highly emotional and require extensive knowledge and professionalism to ensure the process goes as smoothly as possible. Hiring an aggressive wrongful death attorney is imperative will make this process a lot easier for you to handle physically, mentally, and emotionally.
Wrongful death attorneys understand what claimants are going through. These compassionate legal representatives have a deeper understanding of how the loss of a loved one impacts families across the country, both financially and emotionally. Wrongful death cases are generally taken on a contingency basis, so clients can rest assured knowing their best interest is protected even if they may not have the financial means upfront to fight a long and strenuous legal battle. Claimants are able to meet with attorneys and go over their evidence to determine the best possible path forward based on the details of their case.
Hire a wrongful death attorney from Needaninjuryattorney.com to represent your case in the legal system. You deserve to recover the maximum amount of compensation you are entitled to, and your loved one deserves justice. Call us today to schedule a free consultation with one of our skilled lawyer.