How Can an Attorney Help After the Loss of a Loved One?

How Can an Attorney Help After the Loss of a Loved One?

When a close family member loses their life in a preventable accident, it creates a valid need for justice. While a deceased accident victim cannot file a personal injury lawsuit, it does not mean that the liable parties will go unaccountable. Others, including close family members, might have a cause of action to seek justice from liable parties for the tragic loss.

Hiring an attorney to advocate on behalf of your family against the responsible parties is often your best chance at receiving the justice your family deserves. Retaining a wrongful death attorney in Philadelphia also alleviates the added stress of protecting your legal rights while coping with the grief and loss of your loved one.

Get A Free Consultation Today!

Table of Contents

• Common Causes of Wrongful Death
• Who Can File a Wrongful Death Claim?
• Top Ways an Attorney Can Help After the Loss of a Loved One
• When Should I Hire an Attorney After the Loss of a Loved One?
• Call An Experienced Wrongful Death Attorney Today

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit seeking compensation for the surviving family of a person who died due to negligence or misconduct by another party. The purpose is to provide financial compensation for surviving loved ones, including surviving spouses and children.

A wrongful death lawsuit is a type of personal injury case. Personal injury attorneys typically work on contingency, meaning they don't get paid unless you do. It costs nothing upfront to retain them. If they win your case, your lawyer will take a disclosed percentage of your settlement to recover their fees and costs, so you never pay fees out of pocket.

When you're seeking compensation for the unexpected costs of losing a family member, an experienced wrongful death lawyer can help.

Four Elements of a Wrongful Death Lawsuit

The burden of proof in a wrongful death case is on the plaintiff, and your lawyer needs to demonstrate the four elements of negligence claims to succeed:

• Duty of Care: The first element in a wrongful death suit is that the at-fault party (defendant) owed the victim (deceased loved one) a duty of care. A duty of care exists between certain parties under certain circumstances. For example, if your loved one died as a result of a car accident, you can establish duty of care because drivers have a legal responsibility to drive reasonably safely and follow traffic laws to avoid accidents.
• Breach of Care: After establishing a duty of care, the next step involves proving the defendant breached that duty by acting intentionally or carelessly. Breaches of duty assume many forms, including failing to maintain property safely, reckless driving, or medical staff providing substandard care and injuring a patient.
• Causation: Once your attorney has established the duty and breach of care, they must show how the breach caused the loss of your loved one. This element can be more complicated than people expect, requiring your attorney to show a direct correlation between the defendant's negligent actions or inactions and your loved one's death.
• Damages: Finally, your lawyer must prove the death of your loved one resulted in damages to bring a successful wrongful death claim. These damages can include loss of income, medical expenses, funeral and burial costs, loss of financial support, emotional distress, and pain and suffering.

Seek a free consultation immediately if you believe your loved one's death was a result of another person's negligence or wrongdoing. An attorney typically won't take the case if they are not confident about their ability to prove the four elements of negligence in your wrongful death lawsuit.

Common Causes of Wrongful Death

When a loved one’s death is due to someone else's negligence or misconduct, the loss can be even more difficult for close family members. Not every fatality leads to a valid wrongful death case, as wrongful death claims legally arise when a person dies as a result of another party's wrongful actions or negligence. This might be another individual, corporation, property owner, medical professional, government entity, or any other wrongful party.

There are many different circumstances that can lead to wrongful death, but some of the most common causes include the following.

Auto Accidents

Car accidents are a leading cause of wrongful death cases. When a driver's negligent behavior, such as drunk driving or distracted driving, leads to a fatal accident, the surviving family members may have grounds for a wrongful death claim.

Truck Accidents

When a large commercial truck is in a collision with smaller vehicles, the risk of fatalities is often much higher. For this reason, truck crashes are common causes of wrongful death, and liable parties might include the truck driver, trucking company, or cargo loaders, among others.

Medical Malpractice

Sadly, medical errors are another common cause of wrongful death. If a healthcare professional's negligence, such as misdiagnosis, surgical errors, or medication mistakes, results in a patient's death, the family may be able to pursue legal action.

Construction Accidents

Construction sites can be dangerous places, and accidents resulting in death are not uncommon. If a worker dies as a result of unsafe working conditions or the negligence of another party, their family may be eligible for compensation.

Slip and Falls

Slip and fall accidents can occur in a variety of settings, such as grocery stores, restaurants, or even private properties. If a property owner's negligence, such as failing to maintain safe premises or provide warning signage, leads to a fatal accident, the family may be able to pursue a wrongful death claim.

Product Liability

Defective products can cause serious harm, including death. If a faulty product leads to the death of a consumer, the manufacturer, distributor, or retailer may be held liable for the wrongful death.

Assault or Violent Crimes

When a person's intentional actions result in the death of another individual, it may be considered a wrongful death. Surviving family members may be able to pursue legal action against the responsible party.

These are just a few examples of common causes of wrongful death. Every case is unique and requires careful evaluation to determine the appropriate legal action. If you have lost a loved one due to someone else's negligence or misconduct, never wait to consult an experienced wrongful death attorney who can assess your rights and fight for the justice and compensation your family deserves.

Get A Free Consultation Today!

Who Can File a Wrongful Death Claim?

While each state is governed by specific laws regarding wrongful death claims, typically, these individuals have legal standing to retain a wrongful death lawyer and file a claim:

• Parent of the deceased loved one
• Spouse or domestic partner of the deceased loved one
• Children, stepchildren, and adopted children of the deceased loved one
• Financial dependents of the deceased loved one

There may be some exceptions where extended family or individuals who suffer financially because of the deceased loved one's death have a right to file a wrongful death claim. In some states, a personal representative must file the claim on behalf of the family.

Explain Your Legal Rights and Process

One of the major advantages of consulting an attorney is having a knowledgeable legal professional who deals with cases like yours regularly, explains your legal rights, and confidently guides you through the process of filing a wrongful death claim.

Gather Evidence

While investigating the circumstances of your case, an attorney will gather evidence that can be used in a wrongful death lawsuit. Some examples of this evidence include:

• Witness statements
• Medical records
• Autopsy reports
• Police reports
• Expert testimony 
• Family testimony
• Financial documents

Photos or video footage from the accident scene are also valid evidence. An experienced wrongful death attorney will use this evidence to build a solid legal case on your and your family's behalf.

Interview Witnesses

In addition to gathering physical evidence, an attorney will strengthen your case by interviewing witnesses. Sometimes, witness statements are attached to accident police reports from the scene. However, in many instances, attorneys find witnesses who have not yet come forward.

Determine Liable Parties

Determining liability is necessary. Insurance companies will go to great lengths to decrease their liability, such as blaming a deceased loved one for their own death. Your attorney's investigation into the case will help to identify if it is one or multiple at-fault parties responsible for the loss of your loved one.

Calculate Wrongful Death Damages

Another benefit of seeking help from an experienced wrongful death lawyer after losing a loved one is determining recoverable losses and calculating fair damages. Coping with grief and the loss of your loved one shouldn't come with unwarranted financial burdens.

Know your legal rights and seek fair compensation. Three categories of damages may be available in a wrongful death case. These include:

Economic Damages

The economic damages are compensations for financial losses resulting from your loved one's death, including:

• Funeral and burial costs
• Medical expenses for any care following the accident
• Loss of loved one's income
• Loss of a loved one's future earnings
• Loss of a loved one's benefits
• Loss of a loved one's inheritance

You can prove these tangible losses with copies of earnings or salary information, medical bills, and receipts for things like funeral and burial expenses.

Non-Economic Damages

The non-economic damages account for your intangible losses, such as:

• Pain and suffering of your loved one after the accident and before death
• Pain and suffering of surviving family members
• Loss of companionship and support from your loved one
• Emotional distress
• Loss of enjoyment of life
• Mental anguish
• Reputation damage

Non-economic damages can be more challenging to prove, and insurance companies often challenge these intangible losses. However, an experienced attorney can pursue fair compensation for relevant non-economic damages.

Punitive Damages

Punitive damages are only available if your case goes to trial and a judge and jury award them. They are damages that go well beyond compensatory damages. They punish the responsible party for atrocious behavior while setting a precedent for others not to follow suit.

Each state has independent laws concerning these types of damages. Consult an attorney to confirm you understand local laws and seek maximum compensation.

Negotiate Your Claim

Most wrongful death lawsuits are settled outside of court. A qualified wrongful death attorney negotiating with the insurer increases your chances of a more substantial settlement.

While most people are uncomfortable negotiating things like salaries, lawyers negotiate numbers daily. It's the backbone of their success. They don't back down or shy away. They research, advocate, and demand fair compensation for their clients.

Your lawyer will discuss all settlement offers and advise you and your family on accepting or rejecting an offer. However, the ultimate decision is given to you.

Represent You in Court

If your lawyer cannot reach a settlement agreement with the insurer, they can represent you in your wrongful death lawsuit if your case needs to go to trial. Your attorney will litigate your case until the court enters a verdict unless the case resolves before the verdict is decided.

Help Provide Closure

While no amount of money will replace your loved one, you shouldn't have to take on the financial hardship of medical, funeral, and burial expenses when it was someone else's fault.

Working with a sympathetic attorney can make the process of receiving justice and fair compensation easier than navigating it yourself while dealing with grief.

Receiving a settlement or verdict that validates the at-fault parties' liability and financially compensates for losses and expenses may help provide what little closure a family can expect after dealing with the tragic and untimely loss of a loved one.

When Should I Hire an Attorney After the Loss of a Loved One?

Families should contact an attorney as soon as possible after losing a loved one. Most legal processes, such as wrongful death claims, have strict deadlines that you never want to miss.

Call An Experienced Wrongful Death Attorney Today

Hiring an experienced personal injury attorney can often significantly increase your chances of a favorable outcome. If you believe that your loved one's death was due to negligence, consult a wrongful death lawyer now at no cost.

Get A Free Consultation Today!