When a loved one dies due to the negligent behavior of another, it can be a devastating experience that leaves you feeling helpless and overwhelmed. The pain of this loss is compounded by the legal process that can often seem daunting and insurmountable. At our law firm, we specialize in wrongful death and survival lawsuits, and we are dedicated to helping individuals and families get the justice they deserve after an unjust tragedy.
we will discuss how wrongful death lawsuits work and how our attorneys can help you fight for the compensation your family needs after a loved one passes away from another’s negligence.
What is a wrongful death lawsuit?
When a death occurs due to the negligence of another person or entity, the survivors may be able to file a wrongful death lawsuit. This type of lawsuit allows the family of the deceased to recover damages for their losses, including medical and funeral expenses, lost wages and earnings, and loss of companionship.
In some cases, punitive damages may also be awarded in order to punish the negligent party and deter others from engaging in similar conduct. Wrongful death lawsuits can be complex, and it is important to have an experienced attorney on your side. The attorneys at our firm have represented many families in wrongful death lawsuits and we can help you navigate this difficult time. Contact us today for a free consultation.
Who can file a wrongful death lawsuit?
If your loved one dies due to the negligence of another, you may be able to file a wrongful death lawsuit. These lawsuits are designed to help the surviving family members recover damages for their loss. In order to file a wrongful death lawsuit, you must be a close relative of the deceased. This includes spouses, children, parents, and siblings. You will also need to prove that the death was caused by the negligence of another party.
What are the damages that can be recovered in a wrongful death lawsuit?
The damages that can be recovered in a wrongful death lawsuit will vary depending on the circumstances of each case. However, some of the most common damages that are sought in these lawsuits include: -loss of companionship -loss of support -medical expenses -funeral and burial expenses -pain and suffering
How to prove negligence in a wrongful death lawsuit?
In general, the decedent’s personal representative may bring a wrongful death action if the death was caused by the negligence of another. To succeed, the plaintiff must prove that the defendant had a duty to the decedent, breached that duty, and that the breach was the proximate cause of death.
The first element is typically easy to establish – most people owe a duty of care to others not to act negligently. The second is more difficult, as it requires showing that the defendant failed to live up to the reasonable expectations one would have in their situation. For example, a driver who runs a red light and kills someone would be found negligent; but if that driver was driving in an area with poor visibility due to a storm, they might not be held liable.
The statute of limitations for filing a wrongful death lawsuit
In the United States, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. However, there are some exceptions to this rule. For example, if the death was caused by medical malpractice, the statute of limitations may be as little as one year. If you have lost a loved one due to someone else’s negligence, it is important to consult with an experienced wrongful death attorney to determine whether you have a valid claim and what the deadlines are for filing your lawsuit.
Conclusion
We understand that the loss of a loved one due to someone else’s negligence is an incredibly traumatic experience. We are here to help families who have suffered from wrongful death or survival lawsuits. Our team will work closely with you and your family to ensure that justice is served for the wrongs done against your loved one, and we will strive to make sure their memory is honored in all legal proceedings.
With our knowledge and expertise of wrongful death and survival laws, we can help you get through this difficult time so that you can start rebuilding your life as soon as possible.
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