A wrongful death claim is very similar to a personal injury claim, except instead of being injured, someone has died due to the negligent, reckless, or intentional acts of another. A wrongful death claim is brought by the surviving beneficiaries or dependents of the deceased and must be opened within a certain time after the victim’s death. The purpose is to compensate the victim’s family members who will suffer financial and emotional hardship as a result of losing a loved one.
“While there is no amount of money that can ever replace the person you’ve lost, we at Sweet James want to seek justice and compensation on your behalf…”
Wrongful deaths happen unexpectedly and by various causes. Car accidents, slip and falls, motorcycle accidents are some of the many types of wrongful death cases handled successfully in the past by our wrongful death attorneys.
WHAT IS A WRONGFUL DEATH CLAIM?
Wrongful death is a death caused by breaching a civil duty, most often negligence. Each of us has a legal duty to take reasonable care in doing things that might affect other members of society. For example, when building on a construction site, workers have a duty to take reasonable care to operate all the machines according to safety guidelines. Failing in that duty is called negligence.
The legal definition of negligence has a very complex nature compared to the colloquial use of negligence, and the duty of reasonable care required by law has a far and wide reach. For example, determining legal fault in a product liability claim involves different categories with different levels.
There are defectively manufactured products, such as a bad batch of antacids containing a mix from another drug, or defectively designed products, such as a bicycle helmet that fails to protect the user from falls, or even an inadequate or missing warning, such as nail polish that contains a chemical known to cause allergic reactions.
Keep in mind that a wrongful death lawsuit is not a criminal issue. Criminal charges are formal accusations made by state prosecutors asserting that somebody has committed a crime, and is punishable by a fine or jail sentence. Wrongful death, on the other hand, exists to compensate the heirs of the decedent for their loss.
A wrongful death lawsuit claims that the deceased victim died as a result of negligence or other liability due to the defendant’s conduct, and consequently, that the surviving beneficiaries and dependents are entitled to monetary damages. This type of claim generally consists of four elements:
- A death has occurred.
- The death was caused by another’s negligence, or with intent to cause harm.
- There are surviving family members who are suffering monetary injury as a result of the death.
- A personal representative for the decedent’s estate can be appointed.
CAUSES OF WRONGFUL DEATHS
By definition, wrongful death is when a person is killed due to the negligence or misconduct of another party. Those who were dependent on, or a beneficiary of the decedent, may be entitled to monetary damages.
Many states have passed wrongful death statutes in order to compel manufacturing companies, negligent motor vehicle operators, hospitals, and doctors to act carefully in their professional responsibilities. However, wrongful deaths do occur in situations like the following:
Motor vehicle accidents and negligent drivers
Slip and fall accidents
If a family member has been lost due to what you believe is a wrongful death, call a Sweet James wrongful death lawyer to see if you and your family have a wrongful death claim.
WRONGFUL DEATH COMPENSATION
Money can never replace a loved one. However, being financially secure in your future and seeing responsible parties being brought to justice can provide a sense of closure and security to survivors.
Factors that courts can consider when determining wrongful death damages may include:
The earnings that could have been earned by the deceased through their life
A survivor’s loss of companionship
The savings of the deceased
Survivor’s financial dependence on the deceased or the amount they were damaged by the death
Expenses incurred for medical and funeral costs
If your family has suffered what you believe is a wrongful death, call a Sweet James wrongful death lawyer to see if you and your family have a wrongful death claim and if so what damages might be appropriate.
HOW CAN A WRONGFUL DEATH ATTORNEY HELP MY FAMILY?
At Sweet James, we take a comprehensive approach to dealing with our cases. If you have suffered through the wrongful death of a family member, we want to help you on the road to recovery. We care about who the person was that passed away, not just how it happened. We know that nothing can alleviate the emotional pain in the wake of such a devastating loss, but we can help you lessen the financial load and provide you with security for your future. Here are some of the unique and stand out ways that our wrongful death law firm handles cases:
– Team Strategies – At Sweet James, we foster an attitude of cooperation. An entire team of people will be assigned to your case, focused on getting you results. We communicate with each other, gather input from multiple experts, and keep you connected. By putting our minds together, we can think creatively, work efficiently, and ultimately provide you with the best settlement or verdict.
– Professional Resources – We have the professional relationships and proper funds to investigate a case from every angle. We find evidence that others have overlooked, analyze data with state-of-the-art tools, and question anyone potentially involved in the accident. We are a dedicated law firm that has the ability and personnel to accomplish more.