Wrongful death cases are challenging and often high-stakes legal matters that arise when a person's death happens due to the negligent or intentional actions of another individual, company, or entity.
These cases involve many legal principles and procedures to determine liability and seek appropriate compensation for the survivors of the deceased.
The difficulty of many wrongful death cases lies in establishing causation, proving negligence, and determining the extent of damages suffered by the surviving family members. Anyone who has lost a loved one due to someone else's actions should immediately seek legal advice and representation.
A Southern Illinois wrongful death attorney can ensure you take all the necessary legal steps to protect your family’s rights and pursue justice for your loved one.
Understanding Wrongful Death
Wrongful death is a legal concept protecting families who suffered preventable losses. The following are some common questions and answers about wrongful death laws and actions in the United States.
If you have concerns about your family’s loss and a potential legal claim, consult a wrongful death attorney near you today.
What Is a Wrongful Death?
Wrongful death refers to a situation where someone's death happens due to the negligence, recklessness, or intentional misconduct of another person, entity, or company.
Negligence can include actions such as careless driving leading to a car accident, nursing home abuse, defective products, or premises liability cases where someone dies due to dangerous conditions on someone else's property.
Wrongful death can also result from criminal violence or misconduct, such as assault, driving under the influence, or intentional murder.
How Do You Establish Liability in Wrongful Death Cases?
In a wrongful death case, families must establish liability to recover, which means identifying the party or parties responsible for the death. Proving liability typically involves demonstrating that the responsible party owed a duty of care to the deceased and breached that duty, resulting in a fatal accident or incident.
The claimant must gather and present evidence, such as police reports, witness testimonies, medical records, and expert opinions, to support the claim of negligence or misconduct. It’s a lot of work best left to a wrongful death lawyer.
What Damages Can Wrongful Death Cases Recover?
When a wrongful death occurs, the surviving family members may recover financial compensation for their damages.
Damages in wrongful death cases vary from state to state, but in many locations, they may include:
- Medical expenses: The costs of medical treatment leading up to the deceased person's death, including hospital bills, medication, and therapy.
- Funeral expenses: The costs of burial or cremation services, casket or urn, cemetery plot, and other related expenses.
- Loss of income: The financial impact of the deceased person's lost earnings and benefits, including future income they should have earned, had they not died prematurely.
- Loss of companionship: The emotional suffering and loss experienced by the surviving family members due to the death of their loved one, including the loss of love, affection, guidance, and support
- Pain and suffering: The physical and emotional pain and suffering endured by the deceased person before their death.
- Punitive damages: In cases involving a responsible party's egregious or intentional actions, punitive damages may punish the wrongdoer and deter others from engaging in similar behavior.
Why Do You Need a Wrongful Death Attorney?
An experienced wrongful death attorney can provide invaluable assistance during this overwhelming and emotionally draining time.
Here are some key reasons why you should retain a wrongful death attorney:
- Legal experience: Wrongful death cases involve complex legal principles and procedures. An attorney with experience handling these cases will have the necessary knowledge and experience to navigate the legal system and maximize your chances of a successful outcome.
- Investigation and evidence gathering: A skilled wrongful death attorney will thoroughly investigate the circumstances surrounding the death to gather evidence and build a strong case on your behalf. They will work with experts, review medical records, interview witnesses, and gather any other relevant information to establish liability and determine the extent of damages.
- Assessing damages accurately: Determining the full extent of damages in a wrongful death case can be challenging. An attorney will carefully assess all potential sources of compensation and calculate damages, including medical expenses, funeral costs, lost income, and intangible losses such as pain and suffering.
- Representing your best interests: Insurance companies make the legal system complex and intimidating. Having a wrongful death attorney by your side protects your rights and interests throughout the legal process. They will negotiate with insurance companies, handle all communication, and advocate for fair and just compensation on your behalf.
- Peace of mind: Losing a loved one is an incredibly difficult and emotional experience. Hiring a wrongful death attorney allows you to focus on grieving and healing while knowing that a dedicated professional is handling the legal aspects of your case. They will provide support, guidance, and reassurance throughout the process.
Losing a loved one due to another person or entity's negligence or misconduct is a devastating experience.
Legal advice and representation from a wrongful death attorney can significantly affect your ability to pursue justice and obtain the compensation you deserve. The sooner you call a local law firm, the sooner you can benefit from their valuable services.
Contact a Trusted and Compassionate Wrongful Death Attorney Near You
If you lost a loved one due to someone else's actions, time is short. Do not wait to seek legal advice and representation. A wrongful death attorney can ensure you properly pursue justice for your loved one.
For a consultation, reach out to a trusted and experienced Southern Illinois personal injury lawyer near you. Remember, seeking legal help is the first step toward obtaining the compensation and closure you deserve. Start the process now.
Case evaluations are free with no obligation and nothing to lose.
Adam B. Lawler
Attorney at Law / Partner
Adam Lawler is the founder of Lawler Brown. Adam is a 2004 graduate of Saint Louis University School of Law. Adam worked for a local firm until founding the Lawler Brown in 2009. Adam’s practice areas focus in Personal Injury, Business, Real Estate, Probate/Trust/Estate Administration and general litigation.
Author's Bio