Filing a wrongful death claim may be the best path forward after a loved one has passed away due to reckless behavior, medical malpractice, drunk driving, or any other negligence-based accidents.
In order to bring a wrongful death suit, several key factors must be present, including:
- Death of a loved one
- Direct causation between death and another person’s negligence or failure to perform a specific duty
- Personal and financial suffering by the surviving family members as a direct result of that death
- An appointed representative of the person who has died
Additionally, the family filing the claim must show that the at-fault party owed a duty of care to the deceased individual. For example, all drivers are responsible for obeying road laws and driving carefully – they owe a duty of care to other drivers and passengers on the road. A medical professional also owes a duty of care to their patients.
Having a Complete Understanding of Damages
It is also important to go into a wrongful death lawsuit with a clear idea of what damage has been done and what must be done to make restitution for it. It is important to take stock of all expenses incurred because of the injury and death of your loved one, as well as intangible damages and personal suffering. One of the best ways to do this is to hang on to all physical copies of receipts, bills, and more.
If you were a dependent of the deceased person, such as a spouse, child, would-be inheritor, or otherwise, be advised that when the court determines a defendant’s liability in a wrongful death suit, you may be able to sue for pecuniary damages. That means you may be able to seek compensation for lost support, lost inheritance, lost retirement savings, and other costs you may not have yet incurred. This may be critical to the financial wellbeing of your family in the years to come, especially if you or another family member unexpectedly becomes the primary provider.
The Importance of Filing a Wrongful Death Suit
If one of your loved ones has died in an accident, we know a wrongful death case will not replace the person you have lost. However, in cases of wrongful death, loss typically occurs as a result of the major oversight, reckless decisions, and negligent behavior of another person, which may continue to place other people at risk if the responsible parties are not held accountable.
It can also create a heavy financial burden on family members when a loved one passes away unexpectedly. This is especially true in cases where a loved one is injured but does not pass away immediately, which often involves massive hospital costs and medical expenses. Add that on to funeral expenses, and the grieving process can become far more painful and personally costly than it needs to be.
If successful, a wrongful death suit can allow you to focus your time and energy on grieving and dealing with the emotional blow of losing a loved one, rather than worrying about how you will pay back medical expenses and funeral costs.
Contact a Wrongful Death Attorney Today for Help
Even if you aren’t quite sure what damages to sue for or you haven’t developed a full picture of all the costs associated with your loved one’s death, call Bertram & Graf, L.L.C. today. Our experienced team of wrongful death lawyers is prepared to help you build a strong case and pursue appropriate compensation for the harm you and your family have suffered. We are prepared to assist you immediately and minimize the personal cost of this tragedy as much as possible. Though we can’t bring your loved one back, we can help your family prepare for a brighter and more secure future.
Call us today at (888) 398-2277, or contact us online to start the conversation and schedule your free case evaluation. We are here to support you and your family during a challenging time.