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The irreversible loss of life is absolutely devastating for the loved ones of the deceased. Sadly, that grief can be compounded when that death was the result of someone else’s negligence, recklessness, or carelessness.
If you have a loved one who was fatally injured in an accident that was someone else’s fault, then you need to get informed regarding your options. After your loved one’s passing, you may incur unexpected financial expenses in the form of burial costs, funeral expenses, a loss of financial support from your loved one, pain and suffering, and more.
When that’s the case, a wrongful death lawyer can help you determine your options for financial relief. Getting compensation can’t bring back your loved one, but it can help you cope with the financial expenses you’re dealing with so that you can take the time you need to grieve.
What is Considered a Wrongful Death Under the Law?
All deaths feel wrong, but under civil laws, only certain circumstances fall under the category of ‘wrongful’ death. A wrongful death situation happens when one party has a legal duty to provide for the care and safety of another but fails to uphold that duty. As a result of this breach, one party is fatally injured.
Wrongful death laws are in place to help protect the surviving loved ones who get emotionally and financially harmed as a result of another person’s wrongful action. Laws state that the negligent party will be held financially responsible for the losses associated with the fatality.
Who Can File a Wrongful Death Claim?
Wrongful death claims are sought out by the deceased person’s spouse, children, parent, or other family member. At times, a personal representative of the deceased person’s estate can file a wrongful death claim. In general, these lawsuits are brought forth to help the person cope with the financial expenses associated with the fatality. Since the closest living person to the deceased is likely to bear this burden, they are the party that will be able to file a suit.
What are the Most Common Causes of Wrongful Death Situations?
A legal duty to provide for another person’s safety and care exists in many situations. The most common types of wrongful death situations include:
- Workplace accidents;
- Nursing home fatalities;
- Car accidents;
- Medical malpractice;
- Intentional acts of violence;
- Slip and fall accidents;
- Defective products;
- Premises liability accidents.
In general, the most common cause of a wrongful death situation is one party’s negligence. When a person gets distracted, fails to uphold safety measures, intentionally acts recklessly, or fails to act with reasonable care, they might be held financially responsible for any accident that follows.
If you’re not sure if your loved one’s situation might fall under the scope of a wrongful death claim, then get in touch with lawyers for wrongful death cases. A qualified attorney will help you determine your options based on the specific facts in your case.
Types of Damages and Compensation in Wrongful Death Claims
If your loved one was wrongfully killed in an accident, then you might experience a windfall of financial losses as a result. For one, you may get contacted about medical bills that your loved one acquired before passing away. You might suddenly experience a loss of financial support if you were relying on your loved one as a source of income. You’ll also sadly incur the expenses of planning your loved one’s funeral and burying them.
In this scenario, wrongful death attorneys can help you determine if you have the basis to seek out compensation for those damages. In a wrongful death claim, you can seek out economic damages, which are easy to put a value on, and non-economic damages, like pain and suffering.
How Long Does a Wrongful Death Case Take?
A wrongful death claim may be expedited or drawn out based on several factors. One of the biggest factors that will influence the time it takes to resolve your claim is how you present it in the beginning. If you start out your claim journey by hiring the right accidental death attorney, then your lawyer will get started right away on building a solid case.
When the other party is presented with a solid, strong case up front with a lot of evidence, they are more likely to settle the situation promptly. If your case isn’t that sturdy or the other party can see flaws in your arguments, then they may refuse to negotiate and instead want to see your claim go to trial.
How to Proceed With a Wrongful Death Claim
If your loved one recently lost their life and you’re wondering how to proceed, then your first step should be to contact an attorney for wrongful death situations. The aftermath of losing your loved one will likely be emotionally trying as well as confusing. You can lean on an attorney’s knowledge and expertise to help you make an informed decision regarding any potential claim.
Your lawyer will start by collecting evidence that proves that the other party had a legal duty to provide for your loved one’s care and failed to do so. They’ll also seek out evidence that proves the other party was at fault. Finally, they’ll seek out documentation that shows the extent of your losses.
Once you have a solid case, then your attorney will present it to the other party and begin the negotiation process. Most cases are resolved during this stage, but your case might go to court if the other party challenges their claims.
Why Choose Kermani LLP for Your Wrongful Death Claim
When you’ve lost a loved one, you need to choose a wrongful death law firm that understands the severity of your situation. You need compassionate legal counsel during this trying time and an attorney who will be able to handle all the legal aspects of your case while grief. Here at Kermani LLP, our team strives to help serve you as best as we can.
Kermani LLP’s Approach to Securing Justice for Your Loved One
Our approach to securing justice is multi-faceted. First, we focus on listening to all the details surrounding your case. We want to really understand how the fatality has impacted your life, your family, and your quality of life. From there, we’ll focus on building the strongest possible case by securing as much evidence as we need to prove every aspect of your claim. Once we have everything together, we’re ready to fight for you and ensure you get a fair settlement from the responsible party.
Reach Out for Compassionate Legal Support at Kermani LLP
If you recently lost your loved one and you believe someone else may be responsible, then it’s worth your time to schedule a consultation with our lawyers here at Kermani LLP. We won’t charge you anything to discuss your circumstances, losses, and legal options. If we think that you have the basis to file a claim, then we can help you determine whether filing for compensation is in your best interests.
Are you ready to get started? Schedule a meeting with our firm now for compassionate legal support from our team.
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Frequently Asked Questions
What constitutes a wrongful death claim?
A wrongful death happens when one party has a legal duty to provide for the care and safety of another person. Then, that party fails to uphold their duty of care, which results in an accident that’s ultimately fatal. The deceased’s loved ones might incur a number of financial losses as a result of the death, so they can seek out a wrongful death claim against the party who had the legal duty of care.
What is the highest wrongful death settlement?
In 2010, over $2.64 billion was awarded in the wrongful death case of the Estate of Tyler Thomas v. Joshua Keadle. That’s the highest wrongful death settlement reached in the U.S.
How is the amount of compensation in a wrongful death case determined?
The amount of compensation in a wrongful death case is determined based on the evidence provided by the person seeking out the claim. Damages should include expenses like burial costs, funeral expenses, a loss of financial support, and possibly more depending on the circumstances.
How are wrongful death settlements calculated?
First, all economic damages, like medical expenses or lost wages, are added up together. Next, non-economic damages, like emotional distress, will be calculated based on a specific multiplier amount. This multiplier will be used on the total economic damage amount to come up with an appropriate calculation. These two amounts are added together to come up with a settlement amount.
Who is eligible to file a wrongful death lawsuit?
A wrongful death claim can be filed by a close loved one of the deceased. This loved one might be the person’s spouse, parent, or child. At times, it might make sense for a personal representative or the person in charge of the deceased’s estate to initiate a lawsuit, too.
What is the statute of limitations for filing a wrongful death lawsuit?
You will have two years from the date of the wrongful death incident to seek out a claim against the responsible party.
What evidence is needed to prove wrongful death?
In a wrongful death lawsuit, you need to prove each of the following elements:
- A legal duty to provide for the care and safety of your loved one exists.
- The other party failed to uphold their duty of care.
- This breach in caring for your loved one caused the accident.
- The accident led to your loved one’s death and specific losses.
In short, you’ll need to prove that someone else was responsible for your loved one’s passing. A legal duty of care exists in many situations like when you’re driving on the road, you purchase a product from a company, you’re on someone else’s property, or in other situations.
Can a wrongful death lawsuit be filed even if there is a criminal trial?
Yes. Since criminal court and civil court are two entirely separate entities, it is possible to file a wrongful death lawsuit while a criminal case is ongoing. Civil court has a lower standard of evidence. In criminal court, the person must be considered guilty beyond a reasonable doubt, whereas in civil court a person can be held liable based on a preponderance of evidence. In other words, if the responsible party is found ‘not guilty’ in criminal court, there’s still a chance you can hold them fully liable in civil court through a lawsuit.
Every case is unique, so we tailor our approach to meet your specific needs.
