If a loved one was injured and passes away because of someone’s wrongdoing, this situation potentially qualifies as a wrongful death lawsuit. According to the Legal Information Institute, you may file a claim for wrongful death if a loved one’s passing was caused by negligence. You may be entitled to financial recovery for your loved one’s lost earnings, support, and emotional comfort.
Situations That Qualify for a Wrongful Death Lawsuit
There are several situations that would qualify as a wrongful death lawsuit. However, you are advised to consult a wrongful death lawyer who is familiar with your state’s liability and negligence statutes.
If you lost a loved one because of an intentional act, you may be able to recover damages through a wrongful death lawsuit.
You could bring a wrongful death action against a doctor or other medical professional for failing to diagnose a condition or provide care in accordance to accepted healthcare practices.
Motor Vehicle Accidents
Approximately 38,800 Americans lost their lives in a motor vehicle accident in 2019, according to the National Safety Council.
You may be entitled to wrongful death damages if your loved one passed away due to negligence such as:
- Drunk driving
- Distracted driving
- Fatigue or drowsy driving
- Failure to yield
- Hit and run accident
- Aggressive driving
You could also be entitled to damages if your loved one’s passing was caused by a defective manufacturer’s part.
Slip and Fall Accidents
Property owners have an obligation to keep their premises free from hazard or to at least warn visitors and guests about a potential hazard. A fatal slip and fall accident could qualify as a wrongful death lawsuit if you can show that the property owner’s negligence likely caused your loved one’s passing.
Employees have the right to a safe workplace. If your loved one passed away due to a negligent employer or unsafe workplace, you could recover damages.
Nursing Home Abuse or Neglect
If your loved one passed away from abuse or neglect at the hands of a caregiver or nursing home facility, a wrongful death lawyer can help you recover damages.
These are only a few examples of wrongful death lawsuits. If you have questions or concerns about an untimely passing of a loved one, you are invited to call our firm today for a free case evaluation.
Compensatory Damages for a Wrongful Death Lawsuit
A lawyer can help you pursue recovery for the loss of your loved one’s economic and emotional absence. Some of the damages that you could recover include:
- Your loved one’s pain and suffering before passing
- Your loved one’s medical care and treatment costs prior to passing
- Funeral and burial costs
- Loss of expected income had your loved one lived a normal life expectancy based on age, gender, and health
- Loss of inheritance, benefits, and other assets
- Loss of care, guidance, and nurturing
- Loss of companionship and consortium
The untimely passing of a family member is hard enough without the additional emotional pain of knowing that another party may be responsible. You do not have to go through this time alone. A wrongful death lawyer can be your strong, legal advocate to seek damages from the responsible party.
When to Call a Lawyer About a Wrongful Death Lawsuit
Each state has its own statute of limitations, or deadline, for filing a wrongful death lawsuit.
There are other reasons why you should call a lawyer as soon as you suspect that your loved one’s passing may be the result of liability or wrongdoing:
- Evidence can fade, erode, or be removed.
- Witnesses may not be available to make a statement.
- The perpetrator may leave the state or even the country to elude legal action.
If you wait too long and the statute of limitations has passed, your complaint will probably be dismissed.
A Wrongful Death Lawyer Can Prove Liability
Proving liability for wrongful death depends upon:
- Establishing that the other party owed your loved one a duty of care to avoid causing harm.
- Showing that the other party breached this duty of care that led to your loved one’s passing.
- Demonstrating how your loved one’s passing caused you and other surviving family members damages in the form of medical bills, final expenses, and pain and suffering.
Learn More About What Qualifies as a Wrongful Death Lawsuit
If you recently lost a loved one through negligence or malice, please accept our condolences. We invite you to call D. Miller & Associates, PLLC™ at 1-855-PRO- LAWYERS for a free case evaluation, because we may be able to help you recover damages and justice.
Related Frequently Asked Questions
- What Are Some Questions to Ask a Houston Personal Injury Lawyer?
- What Do I Do If I Was a Victim of Sexual Assault While in College?
- Do You Need To Hire A Lawyer To Recover Money For A Slip And Fall Injury?
- Does Not Wearing A Helmet Affect Your Motorcycle Accident Injury Case In Texas?
- Is Pain and Suffering Separate from Medical Bills?