Wrongful death claims are civil claims filed by surviving family members when a loved one dies due to the negligence, recklessness, or intentional wrongdoing of another person or entity. These claims can arise from a variety of scenarios, including car accidents, medical malpractice, workplace accidents, and defective products. These claims can have a significant impact on families, both emotionally and financially. The loss of a loved one can be devastating, and the financial burden of medical bills, funeral expenses, and lost income can be overwhelming. In these difficult times, the guidance of an experienced wrongful death lawyer can be invaluable. Wrongful death lawyers specialize in helping families seek justice and compensation for their losses.
What Is A Wrongful Death Claim?
Wrongful death claims are civilclaims that allow surviving family members to pursue compensation for the death of a loved one caused by the wrongful conduct of another person or entity. Wrongful death claims are different from criminal cases, which are brought by the government to punish individuals who have committed crimes.
Wrongful death claims can arise from a wide range of circumstances, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability
- Nursing home abuse
The Role of Wrongful Death Lawyers
Wrongful death lawyers play a vital role in helping families seek justice and compensation for the loss of a loved one. These lawyers have the knowledge and experience necessary to:
- Investigate the wrongful death incident and gather evidence to support the claim.
- Determine liability and identify the responsible parties.
- Negotiate with insurance companies on behalf of the family.
- File a lawsuit and represent the family in court, if necessary.
Wrongful death lawyers also provide emotional support and guidance to their clients throughout the legal process. They understand the emotional toll that wrongful death can have on families, and they are committed to helping their clients find closure.
Investigating Wrongful Death Cases
A thorough investigation is essential in any wrongful death case. Wrongful death lawyers have the resources and knowledge to conduct comprehensive investigations. They may interview witnesses, gather surveillance footage, and reconstruct the accident scene.
Wrongful death lawyers also have access to a network of experts who can help them investigate the wrongful death incident. For example, they may hire accident reconstructionists, medical experts, and financial experts to help them build a strong case.
Proving Liability In Wrongful Death Cases
Proving liability in wrongful death cases can be complex, as it often involves multiple parties and complex legal issues. Wrongful death lawyers have the knowledge and experience necessary to assess liability and build strong cases against responsible parties.
Complexities Of Determining Liability In Wrongful Death Claims
There are a number of factors that can make determining liability in wrongful death cases complex, including:
- Multiple parties: In some cases, there may be multiple parties who share liability for the wrongful death. For example, in a car accident case, the driver of the other vehicle, the manufacturer of the vehicle, and the government agency responsible for maintaining the road may all share liability.
- Complex legal issues: Wrongful death cases often involve complex legal issues, such as negligence, recklessness, and product defects. Wrongful death lawyers have the knowledge and experience necessary to understand these complex legal issues and to apply them to the facts of the case.
How Wrongful Death Lawyers Assess Liability
Wrongful death lawyers assess liability by considering a variety of factors, including:
- The duty of care owed by the defendant to the deceased.
- Whether the defendant breached that duty of care.
- Whether the breach of duty of care caused the deceased’s death.
Duty of care
Duty of care is the legal obligation to act reasonably and to avoid causing harm to others. For example, drivers have a duty of care to pedestrians and other drivers.
Breach of duty of care
Breach of duty of care occurs when the defendant fails to act reasonably. For example, a driver who speeds or runs a red light breaches their duty of care to others on the road.
Causation refers to the causal relationship between the defendant’s breach of duty of care and the deceased’s death. For example, if a driver speeds and causes a car accident that results in the death of a pedestrian, the driver’s speeding was the cause of the pedestrian’s death.
How Wrongful Death Lawyers Build Strong Cases Against Responsible Parties
Wrongful death lawyers build strong cases against responsible parties by:
- Conducting a thorough investigation of the wrongful death incident.
- Gathering evidence to support the claim, such as witness statements, medical records, and accident reconstructions.
- Identifying the responsible parties and their legal liability.
- Developing a strong legal strategy for pursuing the claim.
- Negotiating with insurance companies on behalf of the client.
- Filing a lawsuit and representing the client in court, if necessary.
Wrongful death lawyers are committed to helping their clients obtain justice and compensation for the loss of their loved one. They have the knowledge, experience, and resources necessary to build strong cases against responsible parties.
Pursuing Compensation and Justice
Surviving family members can pursue a variety of damages in a wrongful death case, including:
- Medical expenses
- Funeral expenses
- Lost income
- Loss of companionship
- Pain and suffering
Wrongful death lawyers can help surviving family members to calculate their damages and to pursue fair compensation. Wrongful death lawyers also advocate for their clients’ interests throughout the legal process.
Emotional Support and Closure
Wrongful death can have a devastating impact on families. The loss of a loved one can lead to a range of emotions, including grief, anger, sadness and depression. Wrongful death lawyers understand the emotional toll that wrongful death can have on families, and they are committed to providing their clients with the support and guidance they need.
Wrongful death lawyers can connect their clients with mental health professionals and other resources to help them cope with the emotional trauma of their loss. Wrongful death lawyers can also help their clients to find closure by pursuing justice and compensation.
Wrongful death claims can be complex, but the guidance of an experienced wrongful death lawyer can be invaluable in helping families seek justice and compensation. At Bernard Law Group, we understand the devastating impact that wrongful death can have on families. We are committed to providing our clients with the compassionate and professional representation they need during this difficult time. We will work tirelessly to investigate your case, build a strong case, and pursue fair compensation on your behalf.
Contact Bernard Law Group today for a free consultation. We are here to help you and your family through this difficult time.