When someone is killed in an accident, many people concentrate on the grieving process, which is natural and necessary. We never take our time to think that someone else might have been to blame for the loss of our loved one(s), and what is the best way to hold them accountable. When we do, many give up on pursuing justice due to lack of proper legal counsel. There’s also the concern of financing a legal action, which is often very expensive. But luckily, there is a solution to this.
If you have lost a loved one to an accident caused by someone else, you may not be confused on how to seek compensation for their death. The estate of any deceased person is allowed to file a wrongful death claim seeking compensation for damages suffered due to that loss. But given how traumatizing the aftermath of death is, many deserving families lose out on million-dollar settlements since they can’t focus on their case. With our La Porte wrongful death lawyer, you don’t need to worry. Our compassionate personal injury attorneys take it upon ourselves to bring you closure while you grieve the loss of your loved one.
When someone is injured in an accident, they file a personal injury claim for compensation. But if someone is killed under similar circumstances, that changes to a wrongful death claim. This occurs when someone’s life is cut short by the negligent actions or inactions of another party. Very often, the party at fault is deemed to have breached their legal duty of care towards the deceased.
Filing a wrongful death claim allows the deceased’s estate to recover economic and non-economic damages that the deceased would have sued for if alive. Additionally, this lawsuit also takes into account the losses suffered by the family. They include:
Because you may not be aware of the full extent of damages you suffered, retaining a wrongful death attorney in La Porte is important. The attorneys at our firm have a rich history working with financial experts who help us determine the actual value of your claims, allowing us to seek maximum compensation. Additionally, not all deaths qualify as wrongful deaths. In this case, we also work with medical practitioners to help get to the root cause of death.
To successfully file a valid wrongful death lawsuit, there are four basic elements that you must prove. They are:
Like in any personal injury lawsuit, you must prove that someone else’s negligent behavior led to the death of your loved one. For example, if a life was lost in a car accident, you must prove that the driver was either intoxicated, speeding, or unqualified to be on the road.
As the plaintiff, it’s on you to prove that there existed a legal duty of care to your loved one. You must establish and show how the defendant owed them a duty of care, and how it was breached. For example, if a company failed to provide the deceased with proper safety equipment, causing the death, you must prove that they breached the duty of providing for the safety of your loved one.
If the breach of care never caused harm, you may not have a valid claim. But if it did, and you lose your loved one, you must show how the breach of care caused their death. In other words, you need to show that the victim would have been alive but for the actions or inactions of the defendant.
To generate monetary compensation for your losses, you must show that you incurred quantifiable damages. These may include medical and burial costs, pain and suffering, as well as lost wages. This requires strong and compelling evidence, some of which require the input of expert witnesses. Our fatal accident attorneys will build a strong case based on the facts revolving around your loss.
Different scenarios may lead to wrongful death. Presumably, most of them are preventable. They include:
All these causes require you to prove the four basic elements of negligence before you are compensated. A skilled attorney familiar with wrongful death cases could help you prove negligence in your case.
Proving a wrongful death claim can be complicated. You also need time to grieve the loss of your loved one. That’s why you must have someone who understands your pain, and one who will give you the closure you need. Our La Porte wrongful death lawyers are caring and compassionate when handling such cases, and will help you get the justice your loved one deserves. Call our office today for a free consultation.