What is Wrongful Death?
Wrongful death occurs when someone’s death is caused by the negligent, reckless, or intentional actions of another person, company, or entity. It is a legal term used to describe a situation where a fatality could have been avoided had proper care, caution, or responsibility been taken. If you have lost a loved one due to someone else’s negligence, you may be entitled to file a wrongful death claim to seek justice and compensation.
At Schnepper Law, we understand the emotional and financial devastation caused by the loss of a loved one. Our compassionate team is here to guide you through this challenging time and fight for the compensation your family deserves.
Common Causes of Wrongful Death
Wrongful death can result from a variety of situations, but it typically involves negligence or misconduct. Some common causes include:
Car Accidents
When a driver’s reckless or negligent actions (e.g., distracted driving, driving under the influence) lead to a fatal crash.
Medical Malpractice
When a healthcare provider’s error, misdiagnosis, or failure to provide adequate care results in a patient’s death.
Workplace Accidents
Fatal injuries that occur at work due to unsafe working conditions or employer negligence.
Product Liability
Death caused by a defective or dangerous product, such as a faulty vehicle part or unsafe pharmaceutical drug.
Premises Liability
Fatal injuries sustained due to unsafe conditions on someone’s property, such as slip-and-fall accidents or inadequate security leading to criminal attacks.
Criminal Acts
Intentional acts of violence, such as homicide or assault, that lead to a person’s death.
Defective Medical Devices
Malfunctioning devices, such as pacemakers or implants, that cause fatal injuries.
Who Can File a Wrongful Death Claim?
Each state has its own laws regarding who can file a wrongful death lawsuit, but generally, the following individuals may have the right to file a claim:
Spouse:
A surviving spouse may file a claim for the death of their partner.
Children:
Biological or adopted children, including minors, may file for the death of a parent.
Parents:
In some cases, parents may file a wrongful death claim if their child dies, particularly if the child was under 18.
Personal Representative:
In some states, a personal representative (such as the executor of the deceased’s estate) may file the claim on behalf of surviving family members.
Elements of a Wrongful Death Claim
To successfully prove a wrongful death case, several legal elements must be established:
1. Duty of Care:
The defendant owed a duty to the deceased person. For example, a driver has a duty to drive safely, or a doctor has a duty to provide a reasonable standard of medical care.
2. Breach of Duty:
The defendant breached that duty through negligent, reckless, or intentional actions. This could involve speeding, misdiagnosing a condition, or creating dangerous conditions on a property.
3. Causation:
The defendant’s actions directly caused the death of the decedent. You must prove that the fatality resulted from the defendant’s negligence, not from another cause.
4. Damages:
The death resulted in financial loss to the surviving family members. This can include loss of financial support, emotional distress, and loss of companionship.
Types of Compensation in a Wrongful Death Claim
While no amount of money can replace the loss of a loved one, a wrongful death claim may allow surviving family members to recover compensation for:
Funeral and Burial Expenses: Costs associated with planning and paying for funeral services and burial.
Medical Expenses: Any medical bills incurred before the loved one passed away due to the injury or illness that led to their death.
Lost Wages and Future Income: Compensation for the income the deceased would have earned, both before and after their death.
Loss of Companionship: Payment for the emotional loss of a spouse, parent, or child, and the impact their death has on the family’s overall well-being.
Pain and Suffering: Compensation for the mental anguish, grief, and emotional suffering the surviving family members endure due to the loss.
Punitive Damages: In cases of extreme negligence or intentional wrongdoing, the court may award punitive damages, which are designed to punish the defendant and deter future misconduct.
How Schnepper Law Can Help
At Schnepper Law, we understand that losing a loved one due to someone else’s actions is a tragedy that no family should have to endure. Our legal team is dedicated to helping you seek justice and hold those responsible accountable for their actions.
We offer:
Compassionate Legal Support:
We know that this is a difficult and emotional time for your family. Our team will provide you with understanding, patience, and the guidance you need throughout the legal process.
Thorough Investigation:
We will work closely with investigators, medical professionals, and experts to uncover the details surrounding your loved one’s death, ensuring all the facts are presented in your case.
Experienced Trial Attorneys:
If necessary, we will take your wrongful death case to trial. We are committed to fighting for the maximum compensation available and will stand by you every step of the way.
No Upfront Fees:
We work on a contingency fee basis, meaning you don’t pay us unless we win your case. Our goal is to help you recover financially and emotionally from your loss.
What to Do After the Death of a Loved One
If you suspect that your loved one’s death was caused by someone’s negligence, here are steps you should take:
1
Seek Legal Advice
It’s important to consult with an attorney as soon as possible. Wrongful death claims are subject to a statute of limitations, and evidence needs to be gathered quickly.
2
Document Everything
Keep a record of all relevant information, including medical records, accident reports, and any correspondence with the responsible parties.
3
Take Care of Yourself
While it’s important to pursue legal action, your well-being is the priority. Lean on your support system during this challenging time.
Statute of Limitations
How Schnepper Law Can Help
At Schnepper Law, we are here to help you through the legal process after a wrongful death. We offer a free initial consultation to discuss your case and explain your rights. Our compassionate attorneys will fight for the justice and compensation your family deserves. Contact us today to get started.