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Wrongful Death
Losing a loved one is one of the most difficult times in a person's life. If the loss was the result of another person’s actions, whether negligent or intentional, it can make dealing with the loss even more difficult. When this occurs, survivors have the right to file a lawsuit seeking financial compensation for both the loss and costs that arise from a loved one’s death.
When To Contact a Lawyer About the Death of a Loved One
Those who have lost a loved one should contact a wrongful death attorney when the decedent died because of the wrongful actions or inaction of another party.
Death Caused by Negligent Act
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Many death cases are the result of another’s negligence rather than their intentional act. This can either be the negligence of a person or the negligence of a non-human entity such as a corporation. Negligence occurs when someone fails to exercise care towards others, that a reasonable person would exercise under the same circumstances. This can be a negligent action, or an omission (failure to take reasonable action) that leads to another person’s death.
Death Caused by Deliberate Act
Intentional wrongful death cases occur when someone has deliberately killed your loved one or caused their death through a deliberate assault. Such an act might be considered murder or manslaughter in the criminal justice system; however, a separate wrongful death lawsuit can be filed in the civil justice system as well. This is separate from any criminal proceedings and seeks to financially compensate the decedent’s loved ones for their loss.
Damages Recoverable in a Wrongful Death Lawsuit
Damages in a wrongful death lawsuit are both pecuniary, or economic, and non-economic.
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Economic Damages
- Economic damages include the direct costs that were imposed by the wrongful death, including funeral expenses, lost prospect of inheritance, lost wages and financial support, lost household service, and so forth. For instance, if your loved one had a lucrative career in his or her future, and you would have inherited the money earned by the decedent, you may seek recovery for this.
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Non-Economic Damages
- Non-economic damages are not easily quantified but are nonetheless very real to the people involved. They include factors such as loss of society, love, companionship, consortium, guidance, or nurture. The precise nature of these damages will vary depending on your relationship with the decedent.
Justice for Your Loved One
You shouldn’t wait to file a wrongful death lawsuit, because your case may be subject to a statute of limitations which limits your ability to file after a certain period. We know this time is extremely difficult, and our experienced team will handle your questions with the utmost respect and care.
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