What Is Considered a Wrongful Death?
Losing a loved one is heartbreaking and can cause significant emotional damage to those left behind. Coming to terms with the loss of a loved one at the hands of another’s negligent actions is especially painful.
If you believe their death could have been prevented, you must seek advice from a reputable lawyer to understand any legal recourse you may have. If you’re looking for guidance on how you can fight for the justice your loved one deserves, read on for more information.
What Constitutes Wrongful Death?
Wrongful death lawsuits are a civil action filed by dependents or family members against someone whose negligent behavior led to the death of another individual. State statutes comprehensively outline what constitutes a wrongful death, allowing children and spouses legal recourse to pursue compensatory damages.
Damages may include compensation for the family’s loss of financial support and the suffering they’ve endured, and a wrongful death suit may still be filed even if the defendant is facing criminal charges for the same incident.
When evaluating a wrongful death claim, the jury will consider evidence pertaining to the accident itself alongside evidence that documents the victim’s personal income before death, forecasted future income, and the level of support they provided their dependents.
Punitive damages may also be considered if the death is determined to have been the result of reckless behavior or malicious intent on the defendant’s behalf, in order to deter them and others from committing similar acts in the future.
How Can a Lawyer Help with Your Wrongful Death Lawsuit?
An experienced lawyer may prove vital in establishing the defendant’s liability. They will work on your behalf to find and present evidence that demonstrates the death in question resulted from the defendant’s negligence rather than the victim’s fault.
Common causes of wrongful death include car accidents, accidental falls, and incidences of medical malpractice, all of which your lawyer will draw on their experience to build a solid case that justifies your claim.
Wrongful death cases can be a challenge when it comes to establishing liability, making the support of a lawyer all the more integral to reaching a satisfactory outcome. State laws vary on how quickly your lawsuit must be filed, and your lawyer will keep this in mind when preparing your case to ensure that it’s brought before the court within the applicable statute of limitations.
Managing the complexities of such a case is difficult enough at the best of times, and the grief you’re dealing with will only exacerbate this, making your lawyer the ideal candidate to carry the burden of legal matters while you process your loss and learn more about what to expect as your case moves forward.
Choosing the Right Wrongful Death Lawyer
If you’re determined to fight for justice following the wrongful death of a loved one, reaching out to a wrongful death lawyer will give you great insight into how the process works.
Contact the team at Craig Swapp & Associates today for all the guidance and advice you’ll need to file your claim and take action as you come to terms with your grief. You can get in touch with us at 1-800-404-9000 or leave us a message via the contact form on our website to get the ball rolling today. Don’t hesitate. Our team has the talent and compassion you need to tackle the challenges ahead.