Why You Should Pursue A Wrongful Death Claim

Losing a family member can be incredibly traumatic, especially when it wasn’t their time. Between the grief and dealing with the financial impact of the loss, it can be emotionally overwhelming for anyone. Though no amount of money can ever make up for losing a loved one, a wrongful death claim can help ease some of the impact of their loss and help protect your family from even more hardship. So if your family member has passed as the result of a wrongful death accident, you need to pursue a wrongful death claim.

What Is Wrongful Death?

Wrongful death is a legal term for when someone has lost their life as the result of the actions of another person. Wrongful death includes all kinds of fatal accidents from car accidents to product liability to occupational hazards to intentional acts of malfeasance or violence. Since the victim is no longer alive, a wrongful death suit is brought by a representative of a person’s estate, typically a family member. A wrongful death case seeks to prove that the death was the act of another person’s negligence and they are liable for damages.

Proving Liability A Wrongful Death Suit

In order to prove wrongful death, the plaintiff representing the deceased must show that the defendant was liable for the death. There are three key elements to proving liability in a wrongful death suit including:

Duty Of Care: Duty of care is the legal obligation of the defendant to the deceased. The plaintiff must show that the events that caused the death were foreseeable.

Breach Of Duty Of Care: The plaintiff must then prove that the defendant breached the duty of care by not exercising reasonable care to avoid the cause of death.

Causation: The defendant must show that the death was caused by the breach of duty of care.

Damages In A Wrongful Death Suit

If the defendant is found guilty of wrongful death, the plaintiff representing the deceased may be awarded civil damages. There is a range of damages the plaintiff may receive including:

1. Pecuniary Damages: Pecuniary damages are the tangible economic costs of the loss of a loved one and can include:

Medical costs of the death

Funeral and burial costs

Loss of victim’s wages

Loss of victim’s benefits including medical and retirement income

Attorney’s fees

Loss of interest

2. Non-Pecuniary Damages: Non-pecuniary damages are the intangible costs of the loss of a loved one and can include:

Mental pain and anguish as a result of the loss

Loss of care from the decease

Loss of love and companionship

Loss of consortium

3. Punitive Damages: Punitive damages are awarded as a punishment to the defendant for their actions. Punitive damages are typically only awarded in cases of gross or criminal negligence.

When Should You Pursue A Wrongful Death Claim

There are several reasons to pursue a wrongful death claim. When the deceased was a primary income earner, the financial security of the family may be in jeopardy after their loss. So wrongful death claims are pursued to ensure the family avoids undue hardship. Wrongful death may also be pursued as a way to cope the emotional trauma of unjustly losing a loved one as the negligent actions of another. Wrongful death suits can help families not only ensure they are safe, but receive closure.

Why An Experience Attorney Matters In Wrongful Death Cases

When dealing with the grief of losing a loved one, coupled with the significant financial costs of a death, the last thing anyone wants to do is deal with a lawsuit. However, with an experienced attorney, like our supportive staff at All Injuries Law Firm, you don’t have to worry about adding stress. Our lawyers have over 30 years of helping families cope with the loss of a loved one and can help guide you through the legal process so you can receive justice for your loved one and their family. So if your loved one was killed as a result of wrongful death, contact us to see how we can help you.