When you’ve lost a loved one due to the negligent or wrongful actions of another, no amount of compensation can truly make up for your loss. However, pursuing a wrongful death claim may provide some measure of justice and financial stability during this distressing time.
A skilled wrongful death attorney from Rosenfeld Injury Lawyers will understand both the emotional weight and legal complexities this situation entails.
Why Choose Rosenfeld Injury Lawyers
At Rosenfeld Injury Lawyers, we are dedicated to securing justice and maximum compensation for family members affected by wrongful death. Our experienced wrongful death lawyers specialize in handling these sensitive and complex cases, with a proven track record of achieving substantial settlements and verdicts in civil court.
Fatal injuries following fall off construction project
Fatal sepsis due to post-surgical complicaitons
Fatalily following fall off truck sleeping compartment
Fatal injury in work-related automobile accident
Fatal fall from unprotected skylight on a roof
Stillbirth following fetal distress and no C-section
We thoroughly investigate every detail to ensure all damages, including medical bills, lost income, funeral expenses, and pain and suffering, are fully addressed. With our deep expertise in wrongful death claims, we provide emotional support and navigate the legal complexities effectively and fight tirelessly to protect your family’s rights.
What Is Wrongful Death?
Wrongful death is defined as a death caused by the negligence, recklessness, or intentional wrongful act of another party that results in the loss of life. Legally, wrongful death claims can be pursued by the deceased person’s surviving family members or the decedent’s estate representatives seeking compensation for the damages suffered as a result of the death.
These damages can include loss of financial support, loss of companionship, loss of emotional support, funeral expenses, and emotional distress. The objective of wrongful death statutes is to provide a legal remedy to close relatives of the deceased person, holding the responsible parties accountable for their actions.
The specifics of who can file a wrongful death lawsuit and what exactly they’re entitled to depend on the state where the death occurred, so it’s important to speak with a wrongful death lawyer to determine the next steps.
Common Causes of Wrongful Death
Understanding the common causes of wrongful death is crucial in identifying and preventing such tragic events. Below are some of the primary cases of wrongful death.
Workplace Accidents
Workplace accidents are a significant cause of wrongful death and encompass a wide range of incidents. These can occur in industries, such as construction, manufacturing, transportation, and agriculture, where workers are often exposed to hazardous conditions.
Common causes include falls from heights, machinery malfunctions, electrocution, and exposure to toxic substances. Employers have a legal duty to provide a safe work environment, and failure to adhere to safety regulations or adequately train employees can lead to fatalities.
When a worker dies due to employer negligence, the family may be able to pursue a wrongful death claim to seek justice and compensation. Given the complexities involved in proving negligence and calculating damages, it is essential to consult with a qualified attorney.
Motor Vehicle Accidents
Motor vehicle accidents are another leading cause of wrongful death, often resulting from negligent or reckless driving behaviors. These accidents encompass a variety of situations, including car accidents, motorcycle accidents, truck collisions, and pedestrian accidents.
Common factors contributing to motorized vehicle accidents include driving under the influence of alcohol or drugs, distracted driving, speeding, and violating traffic laws.
In many cases, defective vehicle parts or poor road conditions can also play a role. When a wrongful death occurs due to these accidents, the responsible party—whether a negligent driver, a vehicle manufacturer, or a government entity responsible for road maintenance—can be held accountable through a wrongful death claim.
Defective Products
Defective products represent another category within accidental death claims. This type of wrongful death lawsuit arises when products with design flaws, manufacturing defects, or inadequate warnings and instructions lead to fatal injuries.
Common examples include malfunctioning medical devices, unsafe automobiles, hazardous household products, and faulty industrial equipment. When these tragedies occur, it is essential to determine the liability of the various entities in the product’s supply chain, such as manufacturers, suppliers, and retailers.
Establishing this type of wrongful death claim involves demonstrating that the product in question was unreasonably dangerous when used as intended or in a foreseeable manner.
This often requires thorough investigation, expert analysis of the product, and the compilation of evidence showing the defect and how it directly caused the family member’s death. Additionally, plaintiffs typically need to prove that the product was being used according to the manufacturer’s guidelines and that no significant alterations were made after purchase.
Medical Errors
Medical negligence constitutes another significant category of wrongful death cases. A medical error can occur when healthcare professionals such as doctors, nurses, or medical facilities deviate from the standard of care, leading to the death of a patient.
Common causes of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, and failure to provide appropriate treatment. Birth injuries and anesthesia errors also fall under this category.
Medical malpractice claims are particularly complex, requiring a detailed understanding of medical procedures and standards of care. Proving negligence in these wrongful death cases often involves acquiring expert testimony and extensive medical records review.
Consulting a skilled wrongful death lawyer specializing in medical malpractice is crucial to effectively navigate these legal proceedings and recover financial compensation.
Eligibility to File a Wrongful Death Claim
Understanding who can file a wrongful death claim is critical to ensuring that the legal process is initiated correctly. The eligibility to file wrongful death cases varies by state, and it’s essential to be aware of these regulations to avoid potential setbacks.
Immediate Family Members
In most jurisdictions, an immediate family member of the deceased person, such as:
- the deceased person’s parents,
- the deceased person’s surviving spouse, or
- the deceased person’s surviving children,
are permitted to file wrongful death claims following their loved one’s death. These individuals are considered to have the most direct and significant impact from the loss and are prioritized in the eyes of the law.
Extended Surviving Family Members
In certain states, extended family members like siblings, grandparents, and other relatives may also be eligible to file a wrongful death claim. This eligibility generally depends on the deceased’s familial and financial dependence relationships.
If the extended surviving family member had a close and supportive relationship with the deceased and thus suffered a significant impact from their loss, the courts may allow them to pursue a wrongful death claim.
Representatives of the Estate
In many states, a designated representative of the deceased person’s estate is eligible to file a wrongful death claim, and in some states, only the personal representative is able to file a wrongful death action for wrongful death damages.
This representative is often appointed through a will or by a court if no will exists. The role of the estate representative is to manage the deceased’s affairs, which includes initiating legal actions to recover compensation on behalf of the decedent’s estate and its beneficiaries.
The compensation awarded through a wrongful death claim benefits the beneficiaries even though they aren’t personally filing the claim.
The Role of a Wrongful Death Lawyer
Wrongful death cases are intricate and emotionally charged, requiring the expertise and specialization of an experienced legal professional. An experienced wrongful death attorney plays a pivotal role in navigating the complexities of these personal injury cases, ensuring that the deceased’s family’s legal rights are fully protected and that they receive the wrongful death compensation they rightfully deserve.
Here’s how the wrongful death attorneys at Rosenfeld Injury Lawyers can help you take legal action against the negligent party.
Expertise and Specialization
A wrongful death lawyer has a comprehensive understanding of wrongful death laws and is well-versed in the legal statutes and intricacies specific to these cases. This specialized knowledge enables us to provide competent legal counsel and confidently handle the unique aspects of wrongful death matters.
Our experience in managing complex cases ensures that they are equipped to address all legal challenges effectively.
Investigation and Evidence Gathering
One of the critical functions of a wrongful death attorney is to conduct a thorough investigation to determine liability and establish negligence. This involves collecting substantive evidence such as police reports, medical records, and witness testimonies.
By gathering and analyzing this information, the attorney can build a wrongful death case that demonstrates the wrongful actions leading to the death of the deceased.
Legal Representation and Advocacy
A wrongful death attorney advocates for the rights of the deceased’s family by filing a civil lawsuit, negotiating settlements, and representing clients in court. Our role involves drafting legal documents, presenting evidence, and making compelling arguments to achieve the best possible outcomes.
Our expertise allows us to navigate legal proceedings, ensuring that the family receives fair compensation for their loss.
Support and Guidance for Grieving Families
Beyond their legal duties, wrongful death attorneys provide invaluable support and guidance to grieving families. We offer compassionate advice, help clients understand their rights, and maintain open communication throughout the legal process. Our empathetic approach helps families cope with emotional turmoil and ensures they are supported at every stage.
The Legal Process of Filing a Wrongful Death Lawsuit
Understanding the initial steps in filing a wrongful death lawsuit in civil court can make the legal process more approachable for families. Here’s what you can expect:
Damages in Wrongful Death Cases
When they bring a wrongful death civil lawsuit, the court may award various types of damages to compensate the surviving family members for their losses. These damages are meant to provide financial relief and recognize the emotional suffering endured due to the untimely death of a loved one.
The types of damages awarded can be categorized into compensatory damages and punitive damages.
Compensatory Damages
Compensatory damages are intended to restore the financial and emotional state of the survivors to what it would have been had the wrongful death not occurred. These can be further divided into economic and non-economic damages.
Economic Damages
Economic damages in wrongful death cases cover the tangible financial losses experienced by the deceased’s family. These may include:
- Loss of financial support: Compensation for the income that the deceased would have provided to their dependents. This can encompass lost wages and potential future earnings.
- Medical expenses: Reimbursement for medical bills incurred prior to the deceased’s death, including hospital bills, treatments, and medications.
- Funeral and burial costs: Coverage for funeral and burial expenses or cremation services.
Non-Economic Damages
Non-economic damages address the intangible losses suffered by the survivors, focusing on the emotional and psychological impact:
- Loss of companionship: Financial compensation for the loss of love, care, and companionship that the deceased provided to their surviving family members.
- Emotional distress: Acknowledgment of the mental anguish and emotional turmoil experienced by the survivors due to the wrongful death.
- Pain and suffering: Recognition of the suffering endured by the deceased before their death and the lasting impact on the family members.
Punitive Damages
Punitive damages may be awarded in situations where the wrongful death was a result of gross negligence or intentional harm. These damages are not intended to compensate the family for their losses but to punish the responsible party and deter similar conduct in the future.
By imposing punitive damages, the court aims to send a clear message about the seriousness of the misconduct and its unacceptable nature.