Did you and your family lose a loved one in an unexpected accident? If so, your family can seek compensation for medical bills, funeral and burial costs, pain and suffering, emotional distress, and more. If somebody else’s negligence was responsible for the tragic accident, your family has legal rights through a wrongful death claim.
The experienced wrongful death lawyers at 844-SPARTAN can answer your questions and provide guidance during this difficult time. Just as importantly, we will stand by your side and take steps to pursue the financial recovery your family deserves after a wrongful death. Contact our law office at (844) 772-7826 to schedule a free consultation now.
How Can 844-SPARTAN Help Your Family After a Wrongful Death Accident?
Sadly, many families must grieve the loss of a loved one after an unexpected tragedy. When the negligence of another causes an accident, your despair can include not knowing where to turn. Through a wrongful death claim, you and your family can seek financial compensation for the harm caused by another person. Our compassionate wrongful death attorneys at 844-SPARTAN can handle the difficult work of negotiating with insurance companies and proceeding with a wrongful death lawsuit when needed.
A personal injury attorney will carefully review the facts of the case and take action on your family’s behalf, including:
- Establishing who was at fault for your loved one’s death
- Gathering evidence that supports your family’s wrongful death claim
- Hiring experts to estimate the cause of the accident and the value of your claim
- Protecting you if you or a loved one are blamed for the accident
- Negotiating with the insurance companies to fight for a fair settlement
- Filing a wrongful death lawsuit to proceed in court when needed
At 844-SPARTAN, we will fight hard for the compensation your family deserves after a devastating accident.
How Much Does It Cost To Hire a Wrongful Death Lawyer?
Wrongful death lawyers normally represent families on a contingency fee basis. Contingent fee arrangements involve no upfront attorney’s fees—you only pay legal fees if your lawyer wins a verdict or settlement for your family. If your wrongful death claim does not succeed for any reason, you are not obligated to pay attorney’s fees. Your lawyer will take on this risk, which includes advancing the costs associated with your case.
If your case results in a financial payment, your lawyer will be paid an agreed-upon percentage of the financial award. To learn more about how contingent fees work, feel free to schedule a consultation with our wrongful death attorneys.
What Is Wrongful Death?
Wrongful death is a death that occurs due to the negligent, wrongful, or intentional acts of another person. Negligence is a frequent basis for wrongful death claims. In a wrongful death claim, the allegations will include those your loved one could have made had they survived. Instead, family members or the estate can bring a negligence claim involving wrongful death.
For example, if an auto accident caused injuries and death, you can file a personal injury lawsuit alleging wrongful death. For this, you could collect financial compensation for any medical costs involved, funeral costs, burial costs, and other expenses—in addition to the pain and suffering you’ve experienced.
Slip and fall accidents, medical malpractice, product liability, and other personal injury claims can lead to a wrongful death claim when the worst happens due to negligent acts.
Survivors can also seek damages when homicide, assault, or other intentional acts are involved. Even (and especially) if the wrongdoer faces criminal charges, you can pursue financial compensation in a civil lawsuit alleging wrongful death.
How Common Are Fatal Accidents?
Unintentional injuries are a leading cause of death—particularly for people under age 45. Thousands of people pass away due to unintentional injuries each year, according to the CDC. These injuries can happen in a number of different ways, such as:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace accidents
- Premises liability accidents
- Slips and falls
- Medical malpractice
Carelessness, recklessness, and other types of negligence are often connected to severe injuries that cause death. If you lost a loved one due to negligence, you should seek experienced legal help.
Who Can File a Wrongful Death Claim?
Only certain people can file a wrongful death claim. The right to file typically extends only to survivors of the decedent, including:
- A surviving spouse
- Children of the decedent
When there is no surviving spouse or surviving children, the administrator or executor of the decedent’s estate can bring a wrongful death action. Any proceeds of the wrongful death claim would then be distributed to any next of kin.
What Is the Value of My Wrongful Death Case?
Wrongful death cases are unique, and the value of your claim will be based on what happened and the facts involved. A wrongful death claim can be worth anywhere from several thousand dollars to over a million dollars. Your wrongful death lawyer will carefully investigate the details of your claim to estimate the fair value.
Your wrongful death claim’s worth will be based on certain factors, including:
- Costs of medical treatment between the time of the accident and the time of death
- Your loved one’s income and future earning capacity
- Your loved one’s age and life expectancy
- The identities of a surviving spouse or surviving children—and whether any children were dependents
- The facts involved with the accident
- Whether the responsible party’s act was negligent or intentional
Insurance companies consider these factors but will often offer a settlement that doesn’t accurately account for your full range of losses. You can fight back by hiring an experienced lawyer at 844-SPARTAN to handle your wrongful death claim.
How Do I Prove Negligence in a Wrongful Death Claim?
If your wrongful death claim involves negligence, you will need to prove the legal elements of negligence, which are:
- Duty of care owed that a defendant owed to your loved one in the situation
- Breach of that duty by the defendant
- Causation between the other party’s act and your loved one’s death
- Damages caused by the defendant, such as medical bills and funeral costs
Your wrongful death lawyer will use different types of evidence to build your case and prove a wrongful death claim, such as:
- Medical records
- Police reports
- Photographs
- Video footage, including surveillance cameras
- Physical evidence
- Eyewitness statements
- Expert witnesses and accident reconstruction experts
You and your family will need to prove it was more likely than not that the defendant’s negligent act caused your loved one’s injuries and death. Your lawyer will use evidence to support your claim and seek maximum compensation for your family’s losses.
What Damages are Available in a Wrongful Death Case?
Your family or the estate can seek damages for losses such as:
- Lost wages and future lost income
- Loss of a loved one’s companionship and affection
- Loss of parental guidance for children
- Your loved one’s pain and suffering due to the accident
- Medical expenses due to the accident
- Funeral costs and burial expenses
- Out-of-pocket expenses and other miscellaneous costs
In some cases, your family can obtain punitive damages if the at-fault party is liable for gross negligence or intentional acts.
Can I Recover Compensation if My Loved One is Blamed for the Accident?
Yes, you can. Sadly, insurance companies and defendants might accuse your deceased loved one of causing the accident. However, many jurisdictions follow a modified comparative negligence law, meaning that your family can seek damages even if your loved one shares a percentage of the liability. As long as their liability was less than 50%, a wrongful death claim can still be filed and pursued. Even if your loved one might have shared some fault in the accident, your family should still meet with a personal injury lawyer.
What Is the Statute of Limitations For A Wrongful Death Case?
The statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death in most cases. If you do not file your lawsuit within the deadline, you could permanently lose your right to sue for damages in a wrongful death case. Your wrongful death lawyer will guide you and make sure your lawsuit is ready to file before the deadline. You should consult with an attorney as soon as you are ready to make sure your legal team has enough time to build a strong case.
Contact a Wrongful Death Lawyer for a Free Consultation
Money can’t bring back a loved one or make up for your family’s tragic loss. However, a wrongful death claim can help restore your family’s financial security. The legal team at 844-SPARTAN knows how challenging your situation is and how to help. To learn more, schedule a free consultation today with an experienced wrongful death lawyer.
