Summary
- Wrongful death lawyers can help you to get compensation for the negligent death of a family member.
- Wrongful death is a type of lawsuit filed when someone causes the death of another due to their negligence.
- A wrongful death case is not a criminal case and can be pursued at the same time that the at-fault party is facing criminal charges.
- Damages can be awarded for numerous types of damages.
- The family members of the deceased can seek these damages in a wrongful death claim.
Losing a loved one is an agonizing experience, especially if their death could have been prevented.
At Werner, Hoffman, Greig & Garcia, we seek to support and empower you in the aftermath of a wrongful death. Our team of wrongful death lawyers will have your back as you seek justice for the death of your loved one, and the compensation you deserve to start putting your life back together.
What is Wrongful Death?
Wrongful death is a type of claim brought against someone who knowingly or negligently causes the death of someone else. It’s a non-criminal action and can be pursued at the same time that person also faces criminal charges for the same event. A person can be found liable in a wrongful death suit even if they were found not guilty in a criminal trial.
At Werner, Hoffman, & Greig, we can seek damages if:
- A person or entity behaved negligently or knowingly committed wrongful acts
- These acts or behaviors directly led to the death of your loved one
Losing a family member is difficult, and can cause major disruptions to your life. Recovering damages from the responsible party can provide a measure of justice and help give you the breathing room to rebuild.
Causes of Wrongful Death
Wrongful death is a broad category, and there are many ways that someone can cause a wrongful death. For example:
The most important criteria is that the negligent or criminal actions of someone else caused the death.
Who Can Be Held Responsible for Your Loved One’s Death?
Wrongful death claims can be brought against any person or entity involved in the death of your loved one.
- Individuals may be held responsible. Examples include negligent drivers or medical professionals.
- Corporations may be held responsible if they sell dangerous products, fail to adequately warn about possible risks, or employ those who cause wrongful death.
- Government agencies may be held responsible, for instance, if they’ve failed to maintain safe roads.
No matter who is to blame, the expert legal team at Werner, Hoffman, Greig & Garcia can hold them responsible.
The Investigation Process and Evidence Used to Prove Negligence
Since a wrongful death lawsuit is not a criminal procedure, the evidence is usually gathered, analyzed, and presented by a qualified attorney or law firm.
This evidence may include witness statements, medical records, accident reconstruction, and expert testimony.
There’s a lower burden of proof required in a wrongful death claim than there is for a criminal trial. Rather than proving guilt beyond all reasonable doubt, a wrongful death claim need only provide a preponderance of evidence, which means establishing a greater than 50% chance of the claim being true.
Damages Available in a Wrongful Death Lawsuit
It’s impossible to quantify the suffering caused by the wrongful death of a loved one, there are several types of damages available to recover. These damages can help keep your family afloat and serve as an acknowledgment of the impact that your deceased loved one had on your life.
Some examples of damages in a wrongful death lawsuit include:
- Medical bills related to the incident
- Pain and suffering of the deceased as a result of the incident
- Funeral costs
- Loss of income
The amounts of damages paid out depend on many factors, including the age of the deceased and their average income. Additional punitive damages may also be available in some states. Speak to a qualified attorney, like the team at WHG, to learn about what can be recovered in your unique situation.
Who Can File a Wrongful Death Lawsuit?
The specifics vary from state to state, but in general, the immediate family of the deceased–usually, surviving children or spouses–can sue for their wrongful death.
If necessary, a representative of the deceased person’s estate can sometimes file a wrongful death suit as well.
Contact WHG if You’ve Lost a Loved One Because of Someone Else’s Negligence
The death of a loved one is never easy, and the aftermath can be especially difficult to navigate when that death is caused by someone else’s negligence. You don’t have to take this journey alone.
Contact Werner, Hoffman, Greig & Garcia for compassionate support and legal guidance. Our experienced team is here to help you and your family find the compensation and justice you deserve. Contact us online or call us at 1-800-320-HELP.
Frequently Asked Questions
How long do I have to file a wrongful death claim?
There are endless things to worry about after the death of a loved one, and filing a lawsuit may not be the first priority. It’s important to understand the statute of limitations in the state in which the incident took place. For example, in Florida, the statute of limitations is two years.
Will the at-fault party face additional consequences?
It’s possible that a separate criminal case may be brought against the responsible party by the state, in which case they may face additional consequences such as official fines or jail time. The wrongful death lawsuit is a separate, civil case. You can recover damages from the at-fault party even if they’re found not guilty in the criminal trial.
What steps should I take following my loved one’s accident?
In the aftermath of your loved one’s accident, it’s crucial to gather and preserve any documentation like photographs or medical records that may serve as evidence down the line.
After that, seek legal advice from a qualified attorney or law firm, like Werner, Hoffman & Grieg. We can help you understand the legal process, and pursue justice while you focus on grieving and rebuilding.
