When Should You Contact a Wrongful Death Lawyer?

The death of a loved one can cause a lot of pain, which is even greater if the tragic event was due to the reckless behavior of another person. You can file a wrongful death claim against the guilty party to get compensation.

Family members of the deceased person should hire a wrongful death lawyer to file a claim. Contacting a wrongful death attorney is recommended if the wrongful death occurred due to the following reasons.

Negligence

Negligence is an important criterion for wrongful death. The legal definition of negligence includes any action or inaction by a person that resulted in the death of another person.

The term negligence, in the context of a wrongful death law, applies when the guilty party fails to exercise due care towards the victim that is expected of a reasonable person in a similar situation. Negligence applies to many different cases, including car accidents, medical malpractice, truck accidents, motorcycle accidents, occupational hazards, elderly abuse, trip and fall incidents, and defective products.

Intentional Action

You should contact a wrongful death attorney in case your loved one died due to an assault or other intentional action. Such action is known as manslaughter or murder in the juridical system. The case is filed as a civil lawsuit instead of a criminal lawsuit.

Loss Resulted in Damages

Wrongful death often results in significant financial and emotional damages. The surviving family members are likely to endure economic and non-economic damages due to the death of a victim. The court allows the family members of the deceased person to seek compensation for their losses.

What Damages Can You Recover in a Wrongful Death Case?

Filing a wrongful death case will allow you to receive compensation for the losses due to the wrongful death of your loved one. You can recover compensation for both tangible and intangible losses.

Tangible losses

• Loss of income due to the demise of a family member
• Pending medical costs incurred before passing away from the victim
• Burial and funeral expenses
• Legal fees

Intangible losses

• Emotional pain
• Loss of companionship (also known as loss of consortium)
• Decrease in the quality of life due to passing of the victim

In some situations, a court also awards punitive damages to the family members. Punitive damages are rare in a wrongful death case and are awarded to punish the guilty party. They are awarded when the actions of the at-fault party are sinister enough to deserve punishment.

Conclusion

A wrongful death claim is filed by the representative of the victim on behalf of the surviving family members. The representative who can file a wrongful death claim can be a person named in the will or assigned by the court in the absence of a will.

If your family member has died due to negligent or reckless behavior of another, you should contact an experienced wrongful death attorney. Let a professional wrongful death lawyer fight for your legal rights. You can get the rightful compensation from the at-fault