Wrongful Death Lawyers Obtaining Justice For Families of Fatality Victims
Losing a loved one suddenly can be a traumatic experience for any family to experience. However, this loss can be even more painful if it results from someone else’s negligent actions. Depending on the circumstances of the case, you may be entitled to file a wrongful death suit in civil court to recover compensation for the damages your family has suffered.
If you have lost a loved one due to the careless actions of another, you need to contact Go Big Injury Law immediately to pursue a wrongful death claim. Our lawyers have extensive experience handling wrongful death claims and will gladly provide you with a free case evaluation. We can also explain your legal rights and determine the best course of action for your unique situation.
What Are the Leading Causes of Wrongful Death Lawsuits
A family may choose to file a wrongful death lawsuit for a variety of reasons. However, specific causes seem to be cited more frequently than others in fatal accidents. They include:
- Car accident
- Construction accident
- Workplace accident
- Defective product
- Fire due to negligence
- Medical malpractice
- Nursing home abuse
One of the most challenging causes for wrongful death often revolves around proving negligence in product liability cases. This is because there are often multiple issues of liability that need to be sorted out to determine who should be held liable and have legal action taken against them.
It is highly recommended that you hire a knowledgeable wrongful death lawyer who can thoroughly review the evidence and determine who should be held accountable for the death of your loved one.
Who is Legally Entitled to File a Wrongful Death Claim?
Typically wrongful death claims can be filed only by an immediate family member of the decedent. But in some cases, only a legal representative of the estate is permitted to file the claim. A legal or personal representative can be an individual appointed as the executor of the estate by the deceased before their accident or by the court during probate proceedings. In most cases, the role can be assigned to someone else if the deceased’s family does not want the appointed personal representative to file the claim or if the individual is unwilling to do it.
Generally, the law limits the people entitled to benefit from a wrongful death claim. In most instances, the surviving spouse is the first person who can benefit from a lawsuit, followed by the decedent’s children and then parents. In many states, siblings are not entitled to file a claim for wrongful death. If the only individual to benefit from a wrongful death lawsuit is a child, certain benefits may be withheld until they reach the age of 18.
Wrongful death laws can be overly complex and challenging to deal with on your own. It is always in your best interests to speak with a knowledgeable wrongful death attorney to understand your legal rights.
What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?
If you have lost a family member due to wrongful death, you may be entitled to file a claim to recover economic and non-economic damages. If your case meets specific legal requirements, you may also be entitled to recover punitive damages.
Economic damages are awarded to families to reimburse them for out-of-pocket expenses they have paid as a result of the death of their loved one. They may include:
- Funeral and burial expenses (within reason)
- Medical expenses the decedent incurred as a result of being injured
- Loss of income
- Loss of benefits
Non-economic damages are awarded to compensate the deceased’s family for the intangible losses they have suffered. These types of damages are based on the unique circumstances of the case.
Non-economic damages a family may be able to recover include:
- Emotional distress
- Pain and suffering
- Loss of companionship
- Loss of emotional support and guidance
Punitive damages are only awarded in situations where it is determined that the defendant acted with a willful disregard or malice for the victim’s safety. Our wrongful death attorneys can review your case and determine if it meets the legal parameters necessary to request punitive damages.
What is the Statute of Limitations For Wrongful Death Claims?
In most cases, the statute of limitations on wrongful death cases is two years from the date the victim passed away. If you fail to file a claim within that period, your case will most likely be thrown out, and you will lose all chances of hearing it in court. However, exceptions may entitle you to have the case tolled or paused. These exceptions may include:
- The defendant left the state or cannot be found.
- The wrongful death was not discovered later, which may occur in medical malpractice cases.
- There is an ongoing criminal case against the defendant for causing the death.
One of the most important steps you can take to protect your family after the wrongful death of a loved one is to find a law firm with the experience and skill necessary to handle your case successfully. Our personal injury attorneys nationwide may be able to recover a settlement for your family without the need for costly litigation.
If you feel you have a valid wrongful death case, contact Go Big Injury Law immediately by calling 800-777-7777 and asking to schedule a free consultation to discuss your case. We are dedicated to supporting you in your family’s time of need.