Losing a loved one is one of the most difficult experiences that individuals and families must face. However, when a family member dies because of someone else’s wrongful actions or inactions, you can seek justice for the unbearable pain.

A wrongful death occurs when an individual passes away due to the negligent, wrongful, reckless, or intentional act of another person or entity. In these circumstances, the deceased individual’s surviving family members can file a wrongful death claim or lawsuit against the insurance company for the responsible party.

As part of a wrongful death claim, surviving family members may also receive various types of monetary compensation and damages, depending upon the accident circumstances and other factors.

If you recently lost a loved one due to someone else’s negligence or wrongful act, you need to consult with a wrongful death attorney in your area as quickly as possible about your legal options.

Your lawyer may first investigate the circumstances of your loved one’s death and determine your eligibility to file a wrongful death claim with the at-fault party’s insurance company.

Your lawyer can also handle all settlement negotiations on your behalf while you and your family members grieve for the loss of your loved one. Additionally, your attorney can review various litigation options with you if the insurance company will not compensate you fairly for your loved one’s untimely death.

Although no amount of monetary compensation can ever replace your lost loved one, it may bring about a sense of peace, justice, and closure for you and other surviving family members.

Every step of the way, your wrongful death attorney will be in your corner, advocating on your behalf, answering your questions, and pursuing the monetary recovery you and your family members deserve at this extremely difficult time.

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What Are Some Occurrences that May Lead to a Loved One’s Wrongful Death?

Certain types of wrongful acts and occurrences may lead to the untimely death of a close loved one. In some cases, the at-fault party in an accident scenario behaves in a reckless, negligent, or careless manner under the circumstances, while at other times, they might act intentionally.

Some of the most common occurrences that can lead to a wrongful death claim or lawsuit include:

• Motor vehicle accidents, including car and truck collisions, motorcycle and bicycle accidents, bus accidents, and pedestrian accidents, where a driver negligently violates one or more traffic laws, drives in a reckless manner, or drives while distracted driving or while under the influence of alcohol or drugs
• Premises accidents, where a property owner does not maintain their property in a reasonably safe condition for the benefit of property visitors, negligently bringing about a fatal accident as a result
• Medical negligence and malpractice, where a healthcare provider takes shortcuts, fails to diagnose a patient, or performs a medical procedure incorrectly, causing a patient to pass away
• Defective products that explode or otherwise malfunction, causing a consumer to suffer fatal injuries
• Construction site and building site accidents, where a defective piece of equipment or machinery malfunctions on a job site, causing a worker to suffer fatal injuries
• Boating accidents, where a boat owner or operator fails to maintain their boat in a reasonably safe condition or fails to drive following all applicable boating regulations

Suppose your loved one suffered fatal injuries in one of these occurrences that were due to another party’s negligent, reckless, or intentional conduct. In that case, you should talk with a personal injury attorney in your area right away about your potential legal options.

Your lawyer may immediately begin investigating the circumstances of the accident and determining the legal options available in your case. Your lawyer can also file a wrongful death claim with the at-fault party’s insurance company and start negotiating fair settlement compensation for your claim.

How to Prove a Wrongful Death Claim or Lawsuit

To recover monetary compensation in a wrongful death claim, the individual who files the claim – or the claimant – must satisfy a legal burden of proof in the case.

Specifically, a wrongful death claimant must show that the at-fault individual or entity owed their deceased loved one a legal duty of care. For example, suppose the decedent passed away during a car accident. In that case, the wrongful death claimant must establish that the at-fault driver owed them a legal duty of care under the circumstances.

This legal element is fairly easy to establish since all drivers owe other motorists and pedestrians a duty to drive carefully and safely. Additionally, drivers have a duty to follow all traffic laws while they are behind the wheel of their car or truck.

Next, the wrongful death claimant must establish that the at-fault party violated their legal duty of care. For example, in a fatal traffic accident scenario, the other driver might have operated their vehicle while under the influence of alcohol or simply operated their vehicle recklessly under the circumstances.

Moreover, a wrongful death claimant must show that as a direct result of the other party’s negligent or wrongful act, the subject accident happened, which in turn resulted in the decedent’s untimely death.

In some situations, insurance companies dispute wrongful death claims, alleging that their insured did not cause the fatal occurrence.

In those situations, a wrongful death lawyer can retain an accident reconstructionist who can review video footage of the occurrence (if available), review incident reports, speak with independent witnesses, visit the occurrence scene, and draft a report about how the accident likely happened and who was at fault for the accident.

A certified accident reconstructionist might also testify during the discovery phase of a wrongful death lawsuit or a civil jury trial.

Your wrongful death lawyer will do everything they possibly can to satisfy the legal elements of your claim, putting you in a position to recover compensable monetary damages for the premature loss of your loved one.

Pursuing a Wrongful Death Claim

Even in wrongful death claims, insurance companies are frequently tricky. No matter the circumstances, it is not to the insurance company’s advantage to pay a large financial settlement to a wrongful death claimant.

Rather, the insurance company will do everything possible to undervalue a wrongful death claim and keep as much of its money in-house as possible. Some insurance companies might even claim that the accident victim somehow caused or contributed to their own fatal accident.

A good wrongful death lawyer in your area will understand the tactics that insurance companies and their adjusters may use to undervalue your claim. In response, your lawyer may point out important evidence in your case, including witness statements, medical records that describe how the accident happened, and reports from independent experts who investigated the accident circumstances.

Suppose that does not work, and the insurance company will not place a fair settlement offer on the table. In that case, your lawyer may file a lawsuit in the state court system on your behalf against all potentially responsible parties.

Wrongful Death Litigation in the Court System

Wrongful death litigation begins when an attorney files a lawsuit on behalf of the claimant in the state court system. However, just because your attorney files a lawsuit does not necessarily mean that your wrongful death case will proceed to a civil jury trial.

Since a deceased accident victim is obviously not available to testify on the witness stand, insurance companies sometimes settle these cases.

Wrongful death litigation can also cost them a lot of money, so the insurance company may resolve the wrongful death claim out of court.

During wrongful death litigation, the parties will answer one another’s written Interrogatories, which pertain to how the fatal accident happened. Your wrongful death lawyer can answer those Interrogatories on your behalf after consulting you.

Also, during the discovery phase of a wrongful death lawsuit, the defense attorney might note the wrongful death claimant or personal representative’s discovery deposition. A wrongful death lawyer can prepare you for the questions that a defense lawyer will likely ask at a deposition.

Generally, questions will pertain to how the accident happened (if the claimant knows).

Following a discovery deposition, the insurance company might offer more money to resolve the case via settlement. However, if that does not occur, your wrongful death lawyer can explore litigation options for your case. For example, you can take the case to a civil jury trial and allow a jury to decide the types and amounts of monetary compensation to award.

Alternatively, you may consider binding arbitration or mediation as a way of resolving the wrongful death case out of court.

Recoverable Wrongful Death Damages in a Claim or Lawsuit

A wrongful death claimant can receive various types of monetary compensation due to their loved one’s untimely death.

The monetary damages that a wrongful death claimant may recover will depend on the type of accident that occurs, the circumstances surrounding the deceased accident victim’s untimely death, and whether the at-fault party behaved in a particularly reckless, careless, or egregious manner under the circumstances.

First, a wrongful death claimant may recover compensation for their out-of-pocket losses, including related funeral and burial expenses. They might also recover monetary damages for the loss of their loved one’s anticipated income if they relied upon the deceased accident victim for ongoing financial support.

Depending upon the jurisdiction, a wrongful death claimant might also be eligible to recover compensation for intangible losses related to their loved one’s untimely death. Those intangible losses may include compensation for the accident victim’s pre-death pain and suffering, as well as for the loss of the decedent’s comfort, care, counsel, and companionship.

A skilled and compassionate wrongful death lawyer in your area can evaluate the circumstances of your loved one’s death and approximate the settlement or verdict value of your wrongful death case.

Your lawyer will then set about filing the appropriate claim – or a lawsuit in the court system – to pursue the maximum monetary compensation you need to attain justice and closure.

Contact a Wrongful Death Lawyer in Your Area Today

If you lost a loved one in an accident that resulted from someone else’s negligent, intentional, or otherwise wrongful act, you need to consult a skilled wrongful death attorney about your legal matter right away.

A wrongful death lawyer can swiftly begin an investigation into your loved one’s untimely death and determine your eligibility for filing a claim or lawsuit.

If you can move forward with a wrongful death claim, your lawyer can promptly take the necessary legal steps on your behalf, enabling you to recover the financial compensation you and your family members deserve.

Your lawyer can also file a wrongful death claim or lawsuit in a timely manner – and well within the applicable statute of limitations deadline for your jurisdiction – preserving your right to recover favorable monetary damages in your case.

A sudden death in your family can cause overwhelming grief and stress as it is. The last thing you need is to add the legal process to your plate. However, never risk forgoing financial compensation and support you deserve under the law. Obtaining financial recovery can help you process the loss and move forward in a better position. A personal injury lawyer is waiting to help.