Losing a loved one unexpectedly is devastating, especially when the death was caused by someone else’s negligence or wrongful actions. While no legal process can undo the pain, pursuing a wrongful death claim can help secure financial stability for surviving family members and hold the responsible party accountable. A skilled wrongful death lawyer will understand how to best go about this and ensure your rights are protected. Our friends at Presser Law, P.A. explain some of the different things you can do after losing a loved one due to negligence. It is crucial to enlist in assistance from a lawyer who understands what your rights are.
What Qualifies As Wrongful Death
A wrongful death occurs when a person dies due to the careless, reckless, or intentional actions of another party. Common causes include car accidents, workplace incidents, defective products, and medical malpractice. In these cases, the law allows certain family members to seek compensation for the losses they have suffered as a result.
Who Can File A Wrongful Death Claim
In most situations, the right to file a wrongful death lawsuit is given to close relatives such as spouses, children, or parents. Some states also allow other dependents or the personal representative of the deceased’s estate to bring a claim. Understanding the eligibility rules in your state is a critical first step in the process.
Types Of Damages That May Be Recovered
Compensation in wrongful death cases often covers both economic and non-economic losses. This can include medical expenses incurred before death, funeral and burial costs, loss of income the deceased would have earned, and loss of companionship or emotional support. In some cases, punitive damages may also be awarded to punish especially harmful conduct.
How Liability Is Proven
To succeed in a wrongful death claim, it must be shown that the responsible party had a duty of care toward the victim, that they breached that duty, and that this breach directly caused the death. This often involves gathering evidence such as accident reports, medical records, expert testimony, and witness statements.
The Importance Of Timely Action
Every state has a statute of limitations that sets a time limit for filing a wrongful death lawsuit. Waiting too long can result in losing the right to pursue compensation altogether. Acting quickly allows your legal team to gather fresh evidence and build a strong case. Whether the issue was due to negligence at a hospital or elsewhere, a lawyer can assist.
While no amount of money can replace your loved one, a wrongful death claim can provide financial relief and a sense of justice. By understanding your rights and taking timely action, you can work toward holding the responsible party accountable and protecting your family’s future. Reach out to a law firm today to learn more.