Death is among the most devastating experiences a person endures in life. The finality of it makes it difficult to deal with for many who experience the loss of someone they love. When the death of a loved one is caused by wrongful death, it’s even more devastating. It’s instances like these that are always unexpected. We aren’t implying deaths that are expected are any easier, but there’s often a notable difference when a person with a terminal illness or who has already lived a very long, fulfilling life passes than when someone dies quite unexpectedly.
Wrongful death is a death defined as a death caused by someone else. This encompasses a myriad of deaths, such as murder, homicide, or someone who caused an accident that results in a death due to their own personal negligence. It can be an intentional or accidental death, but it’s always a death caused by someone else.
Can I File a Wrongful Death Suit?
Death is the single most certain aspect of life. Everyone dies. When, where, and how is unknown to the person until it happens, but it’s certain. What’s not certain is whether a death is wrongful or not. If you are considering a wrongful death suit, you should ask yourself if the death of your loved one falls into any of these categories.
1. Intentional Death: If someone killed your loved one out of anger in cold-blooded murder, it’s intentional. If their aim that day was to get up and kill someone, it’s intentional.
2. Medical Malpractice: Did your loved one die because his or her doctor did not do their job correctly? Did the doctor ignore your loved one’s claims that something was wrong? Did the doctor prescribe medication your loved one is allergic to after misreading your loved one’s chart, or was the doctor drunk or under the influence when he or she treated your loved one? If this is the case, it might be a malpractice suit.
3. Car Accidents: Was the death of your loved one caused by a car accident caused by someone or something else? Was another driver under the influence, using their phone, or not obeying the laws and rules of the road when they hit your loved one? Was a company working on the road but failed to post adequate construction signs that caused an accident in which your loved one was killed? If so, this is a negligent act.
How to Prove Wrongful Death?
Proving wrongful death isn’t always easy. There must be significant burden of proof the death was caused by someone else either intentionally or not. With a wrongful death suit, a practiced and experienced wrongful death attorney works tirelessly to gather evidence in the form of accident reports, witness statements, medical findings, and more to prove beyond a reasonable doubt a death was caused by someone else. If it’s proven, there is compensation in store for the family of the victim.
Ramifications of Wrongful Death
It’s the family of the victim that suffers most in any instance of wrongful death. Not only do you lose a loved one, you also lose their income, their help around the house, their emotional support, and you gain their medical bills if they didn’t die right away from their injuries. You could develop emotional distress that causes you to seek counseling for your loss and newly developed health issues, and your entire world is turned upside down. Losing someone who provided significant income to the family can result in the loss of your home, cars, and financial status. It can cause you to lose your job due to grief.
The financial ramifications of wrongful death are sometimes never-ending, and that’s why so many family members of victims file a lawsuit to ensure at least a part of their life is taken care of when they lose someone they loved. It’s not fair to lose someone you love and then suffer financially because someone else wasn’t doing what they were legally bound by law to do.
Compensation for Wrongful Death
If you have a suspected case of wrongful death, you are entitled to compensation. To help you seek the compensation you deserve, call an attorney immediately. The sooner we can get the evidence gathered, and the more witnesses we can speak to before their memory begins to fade, the better chance we have of making your case successful. There are several types of compensation you can receive as the result of a successful wrongful death suit.
– Medical expenses
– Funeral expenses
– Pain and suffering
– Lost wages
– Loss of consortium
– Loss of nurturing, care, and guidance the deceased provides
– Loss of inheritance
– Loss of the value of services provided by the deceased
These are just a few examples of what you can seek compensation for from the person or company who caused your loved one to die. These are just a small example of the many expenses that might begin to add up upon the death of a loved one. Don’t wait to call for legal assistance when a loved one dies as a result of someone else’s negligence.
Proving wrongful death can be a time-consuming process when the negligent party fights the case. Few people want to admit it was their fault someone else died, and they’ll do whatever it takes to prove it was not their own fault. Until a party is willing to settle or takes the issue to court, it can be a lengthy process. We recommend our clients call as soon as they lose a loved one. The timing is terrible, but calling as soon as possible can alleviate much of the fear and confusion you feel in such a difficult time. This is the time for you to focus on your family and getting through the heartbreak of losing someone you love. Let our attorneys handle the rest and find you the compensation you’re owed.