Wrongful Death
Coping with the death of a loved one is always difficult, but it’s even harder to take when you know their death could have been prevented. Nothing can undo the actions (or inaction) that led to their death, but you can get monetary compensation to offset the costs, and possibly motivate changes in the organization or individual responsible for the death.
Everything starts when you talk to a lawyer about your potential case; they can help you understand the circumstances surrounding your loved one’s death, prepare evidence, and maximize your potential compensation.
Types of Wrongful Death
For a “wrongful death” to occur, it has to be directly caused by a person’s actions or neglect. There are many types of wrongful death that can occur, but these are some of the most common:
- Malicious acts - If someone deliberately harms another individual and the individual dies, this is an obvious case of wrongful death—even if death wasn’t intended.
- Car accidents - If a party is liable for a car accident in which another person dies, they may be held responsible for a wrongful death. This often happens in cases of drunk driving.
- Medical malpractice - There are many types of medical malpractice; a doctor could misdiagnose an illness. They could prescribe you the wrong medication. They could even commit errors during surgery. If malpractice leads to death, the doctor or surgeon could be held responsible.
- Work accidents - If someone dies at the workplace due to safety failures or someone else’s actions or mistakes, it’s often considered a wrongful death. Sometimes, workers’ compensation can make cases complicated, so don’t move forward without legal advice.
- Defective products - Products that don’t work as intended, or those with improper safety warnings can also lead to wrongful deaths. These include everything from defective car parts that lead to accidents to fireplaces that leak natural gas.
These are just some of the ways a death can be established as wrongful. If you aren’t sure about your specific case, you’ll need to talk to a wrongful death lawyer.
Types of Compensation for Wrongful Death Cases
The compensation awarded in a wrongful death case will depend on a number of variables, including how the person died, the extent of the resulting damages, and the level of neglect displayed by the offending party. Additionally, who can be awarded these damages is also complicated.
You can consider:
- Medical expenses - Your loved one likely needed medical care in the moments, or even days leading up to their death. If you’re stuck with the medical bills, a wrongful death suit could get you the compensation you need.
- Loss of wages and future earnings - If your loved one was a spouse or partner, you may also be entitled to lost wages and lost future earnings, to make up for what the person would have made if the incident hadn’t occurred.
- Pain and suffering - You could receive compensation for pain and suffering felt by both you and your loved one.
- Loss of consortium - Additional compensation is usually set aside to cover your loss of companionship.
- Punitive damages - In some cases, offending parties may face punitive damages—additional costs meant to serve as a punishment for their mistakes.
Establishing Neglect in Wrongful Death
One of the most difficult challenges in a wrongful death case is establishing the chain of causation that led to the death, and the presence of neglect.
To prove neglect, you must prove that the offending party had an obligation to the victim, that they breached that obligation in some way, and that this breach directly led to the victim’s death. This requires both an abundance of evidence and a solid logical argument, which your lawyer can provide. This may require you to gather additional evidence to strengthen your case.
Talking to a lawyer initially won’t cost you anything, so take the time to schedule a consultation. Contact Manny Arce today, and learn more about what we can do for your wrongful death.