Essentially, a wrongful death lawsuit consists of an act by someone that leads to the death of an individual. The death might adhere to as either a willful or accidental action, and the deceased person's estate might find themselves eligible to submit a wrongful death claim. In order to recover from a wrongful death suit, various damages might apply, such as the decedent's medical costs, lost earnings, and the pain and suffering that took place before death. Some instances of wrongful death claims include:
The term for recovery is described in the law as "damages." Damages are the complainant's asserted losses in a personal injury case, which is the group of most wrongful death cases. Damages fall into two groups: compensatory and punitive damages. Most states award compensatory damages to the decedent's family members to compensate for their loss triggered by the decedent's death. Punitive damages are additionally granted to the decedent's surviving family; however, punitive damages act to penalize the defendant and discourage others from similar behavior. Thus, some states concentrate on compensating the decedent's family, while others focus on penalizing the defendant.
Now, one must remember which state the accident takes place in because each state carries its own protocol for a wrongful death lawyer and what qualifies as wrongful death.
Wrongful death might be specified by each state's own "wrongful death statute," which establishes the procedures for wrongful death actions. Along with being found economically responsible for the death of an individual, one may also suffer conviction of a criminal activity related to that death. For a wrongful death attorney to take on a case, they must first investigate the components used to define a wrongful death lawsuit. Each of the following components has to be present:
According to the components above, the following examples may help you establish whether to seek help from a wrongful death lawyer.
Anthony is driving to college after an extensive last summer in his parent's house. He cannot contain his enthusiasm and has been texting with his new roommate throughout the day. Anthony recognizes he should not be texting while driving but cannot seem to resist the temptation. In the blink of an eye, while sending a text, Anthony discovers himself in an automobile accident with Mary as well as her little girl in the backseat. Mary suffered extreme head trauma upon impact with Anthony's automobile and passed away shortly after the accident. Mary's surviving members of the family may discover a wrongful death lawyer to seek damages for the loss of their family member's life in addition to justice.
In this example, if the wrongful death lawyer for Mary's surviving members of the family establishes negligence by Anthony for texting and driving, Anthony might be found liable for a wrongful death insurance claim.
The plaintiff in an automobile accident wrongful death case might recover the customary damages such as lost earnings, lost employment benefits, medical expenses, and the deceased's pain and suffering. The driver at fault could be held accountable for a wrongful death claim.
Eddie is addicted to coffee and fuels his addiction each morning at Starbucks, located down the street from his house. Early one morning, Eddie walks into the front door of Starbucks and slips on a freshly mopped floor. Unfortunately, the Starbucks trainee, in addition to the rest of the employees that mopped the flooring, failed to remember to put a "wet surface" sign after finishing the task. Regrettably, Eddie died immediately upon impact with the floor. Eddie's family may seek the services of a wrongful death attorney to file a claim against Starbucks for the death of their beloved Eddie.
In this example, if the wrongful death attorney for Eddie's surviving relatives establishes negligence by Starbucks for failing to place a "wet surface" sign, Starbucks might be found liable for a wrongful death case.
The plaintiff in a slip and fall wrongful death case may recover the customary damages such as lost income, lost employment benefits, medical costs, and the deceased's pain and suffering. Both owners and employees might be held responsible in a wrongful death legal action.
Casey brings his son, Billy, to the hospital for the rupture of Billy's appendix. Billy is diagnosed with Appendicitis. Even though Appendicitis surgery is common, it still needs to be treated with care. Unfortunately, halfway through the routine surgery, the doctor nicks an artery in Billy, killing him within minutes. Casey finds out about this doctor's error and looks to employ a wrongful death lawyer for the death of his son.
In this instance, if the wrongful death lawyer for Billy's father develops negligence by the doctor for the death of Billy, the physician may be found liable for a wrongful death claim.
In a medical malpractice wrongful death case, the plaintiff may recover the customary damages such as lost earnings, lost employment benefits, medical costs, and the deceased's pain and suffering. Both the acting doctor and the hospital may be held responsible for the wrongful death legal lawsuit.
Joe buys a new candy at the checkout line of the grocery store every single time he shops. One day, Joe purchases a brand-new flavor of Skittles that no one has tried before. Joe eats the whole bag of Skittles and experiences kidney failure that leads to his eventual death. Joe's family may seek the services of a wrongful death attorney as a response.
In this example, if the wrongful death attorney for Joe's surviving family members establishes negligence by Skittles for producing a fatal batch of product, Skittles may be found liable in a wrongful death claim.
The complainant in a products liability wrongful death case may recover the customary damages such as lost earnings, lost employment benefits, medical costs, and the deceased's pain and suffering. The producer of the product may be held liable in a wrongful death claim.
John and Bob start an argument over who runs faster. One day the two guys decide to race to finally resolve the dispute. Both John and Bob ran a 6-minute mile which also raised bigger tempers to flare. John finds himself so upset that he threatens to grab his tire iron. John then goes to his automobile, reaches for his tire iron, and kills Bob. Bob's family members may seek a wrongful death attorney’s services to obtain damages for Bob’s death.
In this example, if the wrongful death lawyer for Bob's surviving family members establishes intent by John for the death of Bob, John might be found liable in a wrongful death claim.
For clarification, assault does not mean that the accused makes contact with his/her victim. Rather, assault is an intentional attempt or threat to inflict injury that places another individual in fear of imminent physical damage. Battery, nevertheless, is the intentional touching of another individual in a dangerous or offensive way without consent. Thus, although individuals appear to say "assault and battery" together, they are different torts, and it is feasible to have one without the other.
In an assault/battery wrongful death case, the plaintiff may recover the customary damages such as lost incomes, lost employment benefits, medical costs, and the deceased's pain and suffering. The person that causes injury may be held responsible in a wrongful death lawsuit.
To file a wrongful death lawsuit, a wrongful death lawyer must first consider who may qualify as the authorized individual by the state's statute to file this claim. In some states, compared to others, the decedent's surviving spouse, kids, parents, siblings, or other relatives may qualify as authorized to submit a wrongful death lawsuit. Nevertheless, other states require that only the personal representative or executor of the decedent's estate is allowed to submit a wrongful death claim. Of course, each state's laws and regulations prove vital to this issue.
Another necessary action for a wrongful death attorney is to find out a state's implemented time limit that restricts whether a wrongful death claim may be filed. For example:
Some states begin their statute of limitations (time limit) on the day of the death, while others begin upon discovery of the harm. If the statute of limitations as defined by your state's regulations had run, then, unfortunately, you may not have the ability to bring a wrongful death lawsuit.
Next, a wrongful death lawyer must submit the appropriate documents to start the legal action formally. Typically, this first document in a civil case is called a complaint or petition. This complaint or petition should provide the accused with notice of the factful and legal grounds for the claim. In addition, a wrongful death attorney must submit a summons, which essentially informs the defendant that he is being sued and where the lawsuit will be heard. Finally, once the wrongful death attorney submits the legal action, all appropriate documents must be given to all defendants. Once again, each state may implement its own set of guidelines about proper methods to provide such information.
A wrongful death lawyer's most important task lies in proving fault for the wrongful death claim. To prove fault, the wrongful death attorney needs to prove negligence on behalf of the accused unless the accused commits a willful act. Negligence lies at the heart of this task which includes its own elements. Proving negligence requires proving duty, breach of duty, causation, and finally, damages. Concerning duty, it is primarily a duty to safeguard another person or avoid doing something that would cause them harm. Pertaining to breach of duty, a complainant needs to convince a jury that the complainant's version of the facts is more than 50% likely to be true. Regarding causation, the plaintiff has to prove that the breach of duty caused the decedent's harm. In addition to breach of duty and causation, the complainant has to show that the decedent suffered damages. A wrongful death attorney contributes to these actions toward discovering the truth.
In connection with the very first example of a wrongful death case above, an automobile accident, the complainant, Mary's surviving family, is declaring that the defendant, Anthony, drove negligently when he killed Mary. Mary's surviving family members may say that Anthony owed Mary a duty of care to operate an automobile as a reasonably sensible individual.
In full transparency, the above process may be tough to navigate, and serving preliminary documents is just the first step in this process. Lawsuits may last for several years, including several nuanced steps, which may be challenging for a non-lawyer. Therefore, to navigate through the legal process smoothly and effectively, it may be a great idea to look for the services of a wrongful death attorney.
The attorneys at The Cochran Firm are among the nation’s most successful and tenacious attorneys. When navigating through the legal process, you deserve to have an experienced attorney by your side. The Cochran Firm attorneys know how to fight for you.
Here at The Cochran Firm, our experienced attorneys are ready to help families pursuing a wrongful death claim. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided.
You need the help of an experienced, wrongful death lawyer who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States. Please contact the wrongful death attorneys at The Cochran Firm today for your free, no-obligation initial consultation today.
