Wrongful Death Lawsuit
March 15, 2022 | Wrongful death
Losing a loved one is devastating. However, the impact can be compounded when the death of your loved one is the result of the reckless or negligent actions of another party. Contact us to speak with an experienced wrongful death lawyer to determine what your rights and options are.
What is a wrongful death lawsuit?
When a person dies or is killed as a result of the misconduct or negligence of another party, the victim’s survivors can sue the at-fault party for wrongful death. A wrongful death
claim can be filed when a person dies as a result of the actions (or lack thereof) of another person. The lawsuit filed by the survivors seeks financial compensation for the survivor’s losses. These losses may include the deceased’s lost wages, funeral expenses and loss of companionship.
Statutes regarding wrongful death vary from state to state. However, they generally only allow the survivors of the victim to sue for wrongful death. The survivors may include the surviving spouse, immediate family members such as the children or the parents of the deceased.
Examples of Wrongful Death
Wrongful deaths can vary widely. However, the most common wrongful death cases include:
- Motor accidents
- Pedestrian accidents
- Bicycle accidents
- Premise liability accidents
- Poisoning and overdoses
- Medical malpractice
- Workplace accidents
- Occupational illnesses
- Drowning accidents
- Boating accidents
- Intentional killing and more
In order to file a wrongful death lawsuit, several elements must be fulfilled including:
- The death must have been caused by the negligence, reckless or intended actions of another party.
- There are monetary injuries for the surviving family resulting from the death
Impact of Wrongful Death
Wrongful death doesn’t only have an impact on the victim but also affects the family, the friends of the victim and other people that knew and loved the deceased. Some of the ways that wrongful death can have an impact on the survivors of the victim include:
- Financial losses
Wrongful death can have a financial impact on the survivors before and after the death of their loved one. The family may incur medical bills for the treatment of their loved one prior to their death. They then will be faced with funeral expenses after the death of their loved one.
The family will also be hit by the strain of losing a source of income. The situation is worse if the deceased was the sole breadwinner in the family. The family will be left with no source of income. Financial compensation will help the family land on their feet following the death of their loved one.
- Emotional distress
The survivors will suffer emotional distress and even psychological trauma as a result of the sudden death of their loved one. It is difficult for the survivors to have to pick up the pieces and have to go through the rest of their lives without their loved one. While filing a wrongful death lawsuit will not bring back your loved one, it will help you start on the road to healing and closure. It is a great way to seek justice on behalf of your loved one.
- Loss of companionship or guidance
A wrongful death strips the family of a member that they love and cherish. The spouse is left without the love, support and affection they received from their spouse as a result of the loss of their companion. The children lose a parent who provided emotional support and guidance. The dynamics in the family will change as a result of the loss of a parent and this can be emotionally overwhelming for the survivors.
What to do When You Lose a Loved One in a Wrongful Death
If you’ve lost a loved one as a result of the negligence, recklessness or intentional actions of another party, you may be able to seek justice for the death of your loved one through a wrongful death lawsuit. It is important that you speak with an experienced wrongful death attorney as soon as possible. Your attorney will help you understand your legal rights. They will let you know what your options are and the best approach to take in your case.
Filing a wrongful death lawsuit will be beneficial for you and your family. As the survivors of the victim of a wrongful death you can ensure that those responsible for the death of your loved one are held accountable for their actions. This will not only serve to seek justice on behalf of your loved one but also help to prevent the same thing from happening to other people. For example, holding a healthcare professional or institution accountable for medical malpractice will prevent other patients from falling victim to the same malpractice.
You and your family can also seek financial compensation for your losses. While no amount of money will be adequate to replace your loss, it will help to ease the financial burden resulting from the loss.
Contact us to speak with an experienced wrongful death attorney.