Losing a loved one is one of the hardest things someone can experience. And when that loss happens because of someone else’s carelessness or bad decisions, it can make the loss even more unbearable.
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You may not only be suffering emotionally but also struggling financially and unsure of how to move forward. If your loved one’s death was caused by someone else’s negligence, there is a path forward through a wrongful death claim.
A wrongful death claim is a legal way to hold those responsible for the death accountable and seek compensation for the harm caused. In this blog, we’ll take a closer look at what a wrongful death suit is and how it can help families find justice during such a difficult time.
For over 47 years, Thorsnes Bartolotta McGuire has supported grieving families in taking steps to find peace of mind and justice following a loved one’s death. Reach out to our firm online or by calling (619) 236-9363 today to learn more about how we can help you in a wrongful death claim.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the family or loved ones of someone who has died due to the negligence, recklessness, or intentional actions of another person or entity. When someone’s behavior leads to a fatal accident, the family left behind may be able to hold them liable.
To better understand what is a wrongful death claim, here are some scenarios in which you may be able to file a lawsuit for the death of your loved one:
- Vehicular accidents caused by a negligent driver, such as someone speeding, driving under the influence, or distracted driving.
- Medical malpractice, where a doctor or healthcare professional’s mistake during treatment leads to death, like surgical errors or misdiagnosis.
- Defective products that cause fatal injuries, like faulty machinery, dangerous toys, or defective vehicle parts.
- Nursing home abuse or neglect, where elderly residents suffer fatal injuries or health declines due to mistreatment.
- Fatal slip and falls, especially in places where poor maintenance or hazardous conditions contribute to a fatal injury.
The goal of a wrongful death lawsuit isn’t just to punish the person or company at fault, but also to provide the grieving family with a sense of justice and to help them cope with the financial difficulties that often follow an unexpected death.
Is Wrongful Death Civil or Criminal?
The circumstances surrounding your loved one’s death will influence whether it is a criminal or civil case. If a defendant is charged with murder for killing someone, they will go through a criminal trial where they could face penalties like prison time. Separately, the victim's family can bring a civil lawsuit for wrongful death to seek financial compensation for their loss.
These two cases are independent of one another and even produce different outcomes. Someone could be found not guilty in a criminal case but still be held liable in a civil wrongful death case.
Steps in a Wrongful Death Lawsuit
The key to a wrongful death claim lies in proving that someone’s negligence was responsible for your loved one’s death. In order to prove negligence, your lawyer will help you show the following elements:
- Duty of care: The responsible party had a legal obligation to act with care and caution to prevent harm. For example, when you’re driving, you have a responsibility to follow the rules of the road, pay attention to traffic signals, and make sure you’re not putting others at risk.
- Breach of duty: Your case must demonstrate that someone’s reckless, careless, or negligent actions resulted in your loved one’s death, thus breaching their duty of care. A doctor who fails to order the right tests or misdiagnoses a patient is also breaching their duty of care.
- Causation: There is a clear connection between the breach of duty and your loved one’s death, meaning the negligence directly caused the fatal incident.
- Damages: The surviving family members experienced financial loss, emotional suffering, or other harm due to the death.
If you have valid grounds for a claim and decide to move forward with legal action, your lawyer will then:
- Investigate and Gather Evidence: Your lawyer will investigate the circumstances surrounding the death. This could include gathering police reports, medical records, witness statements, and any other relevant evidence that shows negligence.
- Filing Your Claim: Next, your lawyer will prepare all the necessary legal documents and submit them on time. Wrongful death claims are subject to certain laws known as the statute of limitations, which only gives you a limited window of time to file a claim. An attorney will ensure you don’t miss these deadlines.
- Negotiations and Settlement: Often, the defendant’s insurance company or legal team may offer a settlement before the case goes to trial. Your lawyer will help you evaluate if the offer is fair or if it’s better to go to court.
- Trial: If a settlement isn’t reached, your lawyer will fight for your case in trial.
A lawyer from Thorsnes Bartolotta McGuire can help you determine whether you qualify for a wrongful death claim in a 100% free consultation.
We understand that a wrongful death claim doesn’t erase the grief. However, it can give you the stability you need to focus on healing and moving forward during such a difficult time. Reach out to our team online or call (619) 236-9363 to learn more about what is a wrongful death suit and what your next options are.
Compensation in a Wrongful Death Claim
While a wrongful death claim can’t undo the pain or bring your loved one back, it can provide much-needed financial relief to help you start rebuilding your life. A surviving family member may be able to recover compensation to cover the following:
- Medical bills
- Burial and funeral costs for your loved one
- Lost wages if you took time off work to care for your loved one
- Loss of income and financial benefits your loved one contributed to your family
- Pain and suffering
- Loss of companionship
Who Can File a Wrongful Death Suit?
In most cases, the family members of the deceased can file a wrongful death suit. This typically includes the:
- Spouse
- Children of the deceased
- Parents of the victim
In some states, extended family members or others who were financially dependent on the deceased, like siblings or grandparents, may also be eligible to file. The specific rules can vary depending on the state, so it’s recommended that you consult with an attorney about whether you’re eligible to pursue a wrongful death claim.
Why Hire Thorsnes Bartolotta McGuire to Guide You Through a Wrongful Death Claim
Understanding what is a wrongful death claim is only half the battle. After the loss of a loved one, you're already dealing with so much, like getting their affairs in order, organizing funeral services, and supporting other family members. It's completely understandable if your mind is elsewhere during this incredibly challenging time.
That’s why a wrongful death attorney from Thorsnes Bartolotta McGuire is here to take the burden of handling your claim off your shoulders. With over $2 billion in verdicts and settlements recovered for our clients, you can rest assured and breathe a sigh of relief that your case is being taken care of by a hardworking and capable team.
Reach out to us online or call (619) 236-9363 today to share your story with us and how we can help you and your family.