Wrongful Death Attorney
Do you need a wrongful death lawyer who will fight for your family’s right to full compensation?
Losing your loved one could be the most tragic thing to happen in your life. Whether it be your spouse, sibling, child, or parent, the loss of your family member can be devastating financially and emotionally — especially when it is due to the carelessness of someone else. Fortunately, the law provides you with the right to sue the wrongdoer for compensation. This could cover things like funeral expenses, medical bills, loss of companionship, and more. Money will not bring your loved one back; however, being compensated for their loss can at least alleviate some of the burdens that are caused by their departure. Here’s more on wrongful death claims, including what you need to know before filing a wrongful death lawsuit.
Contact My Rights Law’s Experienced Wrongful Death Lawyers Today
When you hire a skilled injury lawyer, from My Rights Law you could get up to ten times more then the original insurance offer. The wrongful death lawyers at My Rights Law are dedicated to helping families of wrongful death victims get the maximum compensation possible in wrongful death lawsuits. If you believe you have a wrongful death claim, give us a call now for a free wrongful death case evaluation. Most cases are on a contingency fee basis, which means we don’t charge attorney’s fees unless we obtain monetary compensation for you and your family. Call us today (888) 702-8882 or reach out on our secure form.
What Is Wrongful Death?
If the victim is killed by the negligent (careless) act of someone else, then you might be able to file a wrongful death lawsuit against them. Only certain people can file these types of lawsuits. This includes spouses, domestic partners, or immediate family members. It is important to understand that wrongful death claims are generally filed in civil court; they are not criminal proceedings. While a wrongful death claim can arise out of a criminal act (e.g., a death caused by a driver who is intoxicated at the time of the incident), this claim is meant to compensate the victim’s loved ones for their loss and is completely separate from a criminal trial.
How To Prove A Wrongful Death Claim
Obviously, a person must die in order for you to file a wrongful death claim. That person must specifically die due to the negligent, reckless, or intentional act of another person or entity. This may include deaths caused by:
- Car, Truck, Or Motorcycle Accidents
- Slip And Fall Accidents
- Injuries On Someone’s Property
- Injuries From Defective, Unsafe Products
- Medical Malpractice
Critically, wrongful death claims may also be filed when the victim dies as a result of an intentional act; however, most insurance carriers will not cover intentional acts.
Also, lawsuits based on defective or unsafe products do not require that you prove that the company that made or distributed the product was negligent or reckless. You only need to prove that the product was defective or unsafe, that it caused the death of the victim, and that the victim used the product reasonably immediately prior to their death. Relatedly, if the victim dies because of being attacked by a dog or dangerous animal, then you do not need to prove that the owner of that animal acted carelessly or recklessly. You only need to show that the victim was attacked by no fault of their own and that the attack occurred in a place that they were entitled to be (e.g., a park).
Damages In A Wrongful Death Claim
A wrongful death claim could entitle family members to both economic and non-economic damages. What this means is that if the victim dies due to the wrongful act of another, then you may be able to receive compensation not only for the financial losses that you have suffered but also for the emotional turmoil that you have gone through. Damages that you may be entitled to include:
Funeral Expenses – This includes both funeral and burial costs.
Loss Of Companionship – The loss of the victim may leave a deep emotional void in your life. While nothing can bring back the victim, you may be entitled to compensation for losing precious time with them.
Loss Of Financial Support – The victim may have been the breadwinner in your home, and their death has caused you to scramble to make ends meet. Through a wrongful death claim, you may receive compensation for the loss of earnings that the victim would have likely made if still alive. It is important to note that the victim need not have been working at the time of their death in order for you to qualify for this form of compensation. Similarly, if the victim was a homemaker, then you may be able to receive compensation for the loss of services that they would have performed around the home if still alive.
Loss Of A Parent – The guidance and advice that a parent can provide are invaluable. A wrongful death claim may entitle the child of a wrongful death victim to compensation for this loss.
Loss Of Inheritance – Individuals that would have received an inheritance from the victim of wrongful death may be compensated for this loss in a wrongful death claim. The loss of gifts from the victim may also serve as a basis for compensation.
Statute Of Limitations – How Long Do I Have To File A Wrongful Death Claim?
Wrongful death claims must be filed within a short time after the victim’s date of death. Claims that have been filed after the maximum allowable time might be dismissed, preventing you from getting valuable compensation for the loss of your loved one. It is also important to note that in some states, unlike many other personal injury claims, the statute of limitations period for a wrongful death claim does not start on the date of the injury or incident that ultimately causes the death of the victim; it begins at the date of the victim’s death.
Survivor Actions Vs. Wrongful Death Actions
Wrongful death actions are often filed alongside survivor actions. Typically, survivor actions are filed by the victim’s executor (personal representative) and not by a loved one or family member (unless they are the personal representative). Survivor actions generally fall into two different categories:
Claims which are unconnected to the victim’s death but which could have been filed if the victim did not die. An example of this type of claim is an employment discrimination lawsuit that the victim planned to file at the time of their death. It is important to note that in order to file a survivor action, the lawsuit that the victim would have brought if still alive must not violate the statute of limitations. For example, if the victim had brought a lawsuit alleging discrimination that occurred ten years ago, then their claim would likely be dismissed due to the shorter statute of limitations on a discrimination claim. However, if they were discriminated against one month prior to their death, then the personal representative could bring a survival action alleging discrimination.
Claims which allege that the victim suffered prior to their death. As an example, the victim is seriously injured in a car accident, and they die two months later from complications. The victim’s personal representative could file a survival action in order to obtain compensation for the pain and suffering that the victim endured during those two months.
In some states, wrongful death claims are filed at the same time as survivor claims because damages for pain and suffering are not allowed under a wrongful death claim – only a survivor claim. Survivor actions that are available in some states have different statutes of limitations.
Wrongful Death Lawyers Can Help You And Your Family Heal
You already know that losing a loved one is perhaps the most difficult and jarring experience regardless of the circumstances. But it is especially painful when your loved one dies because of someone’s carelessness. The emotional turmoil can be overwhelming – but there are certain things that you can do to make the situation better – and suing the wrongdoer is one of them. Given the relatively short period of time for you to bring a lawsuit, you should consult with a personal injury attorney as soon as possible to protect your right to recovery. The experienced personal injury attorneys at My Rights Law are here to help you through the entire process. We will treat you with compassion and respect and will vigorously fight on your behalf to see that the wrongdoer is held accountable and pays you every penny that you deserve. When you are ready, call (888) 702-8882 or contact us online for a free consultation.
