Lost a loved one due to wrongful death and need free legal advice? Call 1-800-ATTORNEY (1-800-288-6763)!

Losing a family member due to someone else’s negligence or wrongdoing is an unimaginable tragedy, and many grieving families have concerns about the legal costs associated with pursuing justice. There’s a common misconception about how much you’re expected to pay for legal representation in a wrongful death case. In fact, there’s so much misinformation out there that most people don’t realize that it’s possible to get free and low-cost legal help for their situation.

24-Hour Free Wrongful Death Legal Help Hotline

If you have lost a loved one due to wrongful death and need expert legal guidance, call 1-800-ATTORNEY today to discuss the facts of your case with an experienced wrongful death lawyer (calls accepted 24/7).

Whether your loved one’s death was caused by a car accident, medical malpractice, defective product, or other negligent act, your best bet is always going to be finding a local wrongful death attorney who offers free consultations.

When you call 1-800-ATTORNEY (1-800-288-6763), you’ll be connected with a wrongful death lawyer in your area who’s familiar with the wrongful death laws in your state, who’s willing to listen to your concerns, and who can explain the options available to you moving forward. Calls are answered 24 hours a day!

Losing a loved one is never easy. But when that loss is due to someone else’s negligence, the pain can be compounded by a crushing sense of injustice. According to the National Center for Health Statistics, unintentional injuries are a leading cause of death among people aged 1-44 in the United States, with countless families facing the devastating aftermath.

In these unimaginable circumstances, the legal system can feel cold and unapproachable. You may be wondering how to move forward, how to navigate the legal complexities, and most importantly, how to secure the justice your loved one deserves.

We understand. At 1-800-ATTORNEY, we have compassionate and experienced wrongful death lawyers who are here to stand beside you during this difficult time. We’ll fight tirelessly to ensure you receive the compensation you need to cover medical expenses, lost wages, and other damages. More importantly, we’ll fight to hold those responsible accountable for their actions.

You don’t have to face this alone. We’re here to guide you through every step of the process, offering expert legal advice and unwavering support. Call 1-800-ATTORNEY today for a free consultation. Let’s discuss your case and explore the path towards justice for your loved one.

What is a Wrongful Death Case?

If you’ve tragically lost a loved one due to another party’s negligence, a wrongful death case allows you to seek justice and some measure of financial security. This civil lawsuit holds the responsible party accountable for their actions. It helps you recover damages like medical bills, lost income your loved one would have provided, and even the emotional pain of their loss.

We understand no amount of money can replace your loved one, but a wrongful death case can offer a sense of accountability and help ease some of the financial burdens during this difficult time.

Wrongful Death Statistics in the U.S.

Tragically, unintentional injuries claim countless lives each year. According to the National Center for Health Statistics, these injuries are a leading cause of death for Americans aged 1-44. 

This means far too many families face the devastating loss of a loved one due to preventable accidents. Understanding these statistics can help raise awareness and potentially prevent future tragedies.

Common Causes of Wrongful Deaths

Losing a loved one unexpectedly is a life-altering event. When that loss stems from someone else’s negligence, the grief can be compounded by a sense of injustice. 

Wrongful death lawsuits exist to hold those responsible accountable and provide some measure of financial security for surviving family members. Understanding the common causes of wrongful death can help you determine if you have a case and what steps to take.

Accidents on the Road

Car accidents are a leading cause of wrongful death, often due to factors like drunk driving, distracted driving, speeding, or dangerous road conditions. If a loved one passed away in a car accident caused by another party’s negligence, you may have grounds for a wrongful death lawsuit.

Medical Malpractice

When medical professionals breach their duty of care, and their negligence leads to a patient’s death, it can be considered medical malpractice. Examples include surgical errors, misdiagnoses, medication mistakes, and inadequate care.

Defective Products

Unsafe or defective products can cause serious injury or even death. This can encompass a wide range of products, from faulty car parts to malfunctioning machinery. If a defective product caused your loved one’s death, a wrongful death lawsuit can be filed against the manufacturer, distributor, or seller.

Workplace Accidents

Unfortunately, workplace accidents claim lives every year. This can be due to unsafe working conditions, inadequate training, or faulty equipment. If your loved one died due to a workplace accident that could have been prevented, you may have a wrongful death claim against the employer.

Premises Liability

Property owners have a legal responsibility to maintain a safe environment for visitors. When negligence leads to a fatal accident on someone else’s property, such as a slip and fall due to a broken stairwell or a drowning in an unfenced pool, a wrongful death lawsuit against the property owner may be appropriate.

Violent Crimes

In tragic cases where a loved one’s death results from a violent crime, such as assault, homicide, or drunk driving, surviving family members can seek compensation through a wrongful death lawsuit.

Understanding the various causes of wrongful death is a crucial first step in navigating the legal process after such a loss. If you believe your loved one’s death could have been prevented, contacting a wrongful death attorney can help explore your legal options and potentially secure the justice and financial security you deserve during this difficult time.

Who Can File a Wrongful Death Lawsuit?

In the face of such a profound loss, legal matters can feel overwhelming. You may wonder who can rightfully pursue a wrongful death case. Here at 1-800-ATTORNEY, we understand this concern.

Generally, those closest to the deceased have the legal right to file a wrongful death lawsuit. This typically includes:

• Spouses: A surviving spouse often has the first right to file a wrongful death lawsuit.
• Children: Dependent children of the deceased may also have the right to file.
• Parents: In some cases, if the deceased left no spouse or children, parents may be able to file.
• Dependents: Depending on your state’s laws, other financially dependent relatives, like siblings, may have a claim.

It’s important to note that state laws governing wrongful death lawsuits can vary. Our compassionate and experienced wrongful death attorneys can help determine who has the legal right to file in your specific situation. We’ll guide you through every step of the process, ensuring you receive the support and resources you need during this difficult time.

Contact 1-800-ATTORNEY today for a free consultation. Let’s discuss your case and explore your legal options.

Proving Liability in a Wrongful Death Case

The sudden loss of a loved one due to someone else’s negligence is a devastating experience. While no amount of compensation can truly replace your loved one, a wrongful death lawsuit can help hold the responsible party accountable and provide some measure of financial security. Winning such a case is based on proving liability.

To establish liability, your attorney will need to demonstrate four key elements:

Duty of Care

The at-fault party owed a legal duty to act in a reasonable manner to avoid harming your loved one. For example, drivers have a duty to operate their vehicles safely, and medical professionals have a duty to provide proper care.

Breach of Duty

The responsible party breached this duty of care through their actions or inaction. This could involve drunk driving, a medical error, a faulty product design, or unsafe workplace conditions.

Causation

The breach of duty directly caused your loved one’s death. This requires a clear link between the at-fault party’s actions and the fatal outcome.

Damages

Your family has suffered compensable losses as a result of your loved one’s death. These damages can include medical expenses, lost income the deceased would have provided, and the emotional pain of their loss.

Proving these elements often involves gathering evidence such as accident reports, medical records, witness testimonies, and expert opinions. A skilled wrongful death attorney can navigate this process, build a strong wrongful death suit, and fight for the compensation you deserve.

Complexities of Multi-Party Liability

Wrongful death lawsuits can become intricate when multiple parties share responsibility for a loved one’s death. This is known as multi-party liability.

In a car accident, for instance, both a drunk driver and a government agency responsible for maintaining unsafe road conditions could be liable. An experienced wrongful death lawyer can investigate and identify all potentially responsible parties.

Shared Fault

Each party’s share of fault in your loved one’s death will be determined. Some states have a contributory negligence law, where if you’re found partially at fault, you might be barred from recovering any compensation. Other states follow a comparative negligence law, where your recovery is reduced based on your percentage of fault.

Medical Malpractice

Wrongful death claims involving medical malpractice can be particularly complex. If multiple doctors or healthcare providers contributed to your loved one’s passing, an attorney can untangle the web of liability and ensure all negligent parties are held accountable.

Product Liability

When a defective product contributes to a fatal accident, multiple parties may be liable. This could include the manufacturer, distributor, or even the retailer who sold the product. A wrongful death attorney will fight to ensure all parties in the product chain are held responsible.

Wrongful death lawsuits with multi-party liability require a skilled legal team. An experienced attorney can navigate the legal complexities, negotiate with multiple insurance companies, and fight for a fair settlement or jury verdict on your behalf.

Don’t feel overwhelmed by the legal complexities surrounding your loved one’s wrongful death. Contact an experienced wrongful death lawyer by calling 1-800-ATTORNEY for a free consultation. We can help you understand your rights, explore your legal options, and guide you through the complexities of a multi-party liability case.

How to File a Wrongful Death Claim

Following the sudden and tragic loss of a loved one due to someone else’s negligence, the legal system can feel overwhelming. We understand. Here’s a breakdown of the steps involved in filing a wrongful death claim. It is highly recommended that you consult a lawyer to help you in this process.

Consultation

The first step is to schedule a free consultation with a wrongful death attorney. During this meeting, they’ll listen to the details surrounding your loved one’s passing, assess if you have a valid claim, and explain your legal options.

Investigation

Building a strong case requires evidence. Your attorney will work diligently to gather crucial details, including medical records, accident reports, police reports, and witness statements. This comprehensive investigation aims to establish a clear link between your loved one’s death and the negligence of the other party.

Negotiation

Often, the attorney will attempt to negotiate a fair settlement with the responsible party’s insurance company. Negotiations can be complex, and your attorney will leverage their experience to fight for the maximum compensation you deserve.

Litigation

If a settlement can’t be reached, your attorney will guide you through the court process. This involves filing a lawsuit and presenting your case before a judge or jury. While litigation can take time, your attorney will be by your side every step of the way, ensuring your voice is heard.

Support Throughout the Process

We understand the emotional toll of losing a loved one. Our compassionate legal team will provide unwavering support throughout the entire process. You won’t have to face this alone.

While no amount of money can truly replace your loved one, a wrongful death claim can help alleviate some of the financial burdens you may be facing, such as medical expenses and lost income. Additionally, it can provide a sense of justice by holding the responsible party accountable for their actions.

Common Defenses Used by Defendants in Wrongful Death Cases

In wrongful death lawsuits, defendants may use various tactics to avoid liability. Here at 1-800-ATTORNEY, our experienced wrongful death attorneys are prepared to counter these defenses and fight for the compensation you deserve.

Comparative Negligence

The defendant might argue that the deceased person also shared some blame for the accident. This is particularly effective in states where contributory negligence laws apply because it could bar you from getting any compensation at all. Our legal team will meticulously examine the evidence to demonstrate the overwhelming negligence of the other party.

Lack of Damages

The defendant may claim you haven’t suffered significant financial or emotional losses. We’ll work with financial experts to quantify the economic impact, including lost wages, medical bills, and funeral expenses. Additionally, we’ll present evidence of the emotional toll on surviving family members.

Act of God

In rare instances, defendants might claim the cause of death was an unforeseeable natural disaster. Our lawyers will investigate thoroughly to disprove any attempt to shift blame from their negligence.

Pre-existing Conditions

The defendant could argue the deceased had pre-existing health issues that contributed to their death. Our team will work with medical professionals to demonstrate the accident directly caused the fatality.

How We Overcome These Defenses

Our wrongful death attorneys have a proven track record of overcoming these and other defenses used by defendants. Here are many of the elements involved in fighting back against stingy insurance corporations:

Thorough Investigation

We meticulously gather evidence, including police reports, witness statements, and medical records, to build a strong case that refutes the defendant’s claims.

Expert Witnesses

We may collaborate with medical professionals, accident reconstruction specialists, and financial analysts to strengthen your case. Not only can they help establish liability, but they also can make sure that the full scope of your financial damages is covered in your demand.

Aggressive Negotiation

Our skilled negotiators will fight tirelessly to secure a fair settlement that reflects the full extent of your losses. A good attorney will know all the shady tactics of insurance companies trying to avoid making a fair payout and will be prepared to fight back.

Trial-Ready Attorneys

If a settlement cannot be reached, you will need an attorney who is ready to argue your case in a civil trial. 

Don’t let the at-fault party escape accountability. Our compassionate and dedicated wrongful death lawyers are here to stand by your side during this difficult time. Contact 1-800-ATTORNEY today for a free consultation. We’ll answer your questions, explore your legal options, and guide you through every step of the process.

Recoverable Damages in a Wrongful Death Case

The sudden loss of a loved one due to someone else’s negligence is a devastating experience. While no amount of money can truly replace your loved one, a wrongful death lawsuit can help recover damages and provide some measure of financial security during this difficult time.

Here’s a breakdown of the recoverable damages in such cases:

Economic Damages

• Medical Expenses: This includes costs associated with your loved one’s final medical care, treatment, and hospitalization before their passing.
• Lost Wages: This compensates for the financial support your loved one would have provided to the family if they hadn’t passed away. Future earnings potential can also be factored in.
• Funeral and Burial Expenses: Covers the costs associated with laying your loved one to rest, including funeral services, burial plots, and headstones.
• Loss of Household Services: If your loved one contributed to household chores and tasks like childcare or eldercare, the financial value of those services can be recovered.

Non-Economic Damages

• Pain and Suffering: This acknowledges the emotional pain and suffering surviving family members experience due to the loss.
• Loss of Companionship: This compensates for the loss of companionship, love, guidance, and support your loved one provided.
• Loss of Consortium: For spouses, this covers the loss of intimacy, affection, and marital relations.

The amount of recoverable damages varies depending on the specific circumstances of your case. Factors that can influence the amount include:

• The age and earning capacity of the deceased
• The financial dependence of surviving family members
• The emotional impact of the loss

It’s crucial to consult with a wrongful death attorney to understand the full range of potential damages recoverable in your specific case. They can help you navigate the legal process and fight for the maximum compensation you deserve.

Statute of Limitations on Wrongful Death Cases

There’s a crucial time limit to consider when pursuing a wrongful death case: the statute of limitations. This legal deadline dictates how long you have after your loved one’s passing to file a lawsuit. It varies by state, so understanding this timeframe is essential to ensure your rights are protected.

Missing the deadline can significantly impact your ability to seek justice and financial compensation. We understand this can be a stressful time, and legal matters might seem overwhelming. 

What You Need to Know

Here’s what you need to know about the statute of limitations for wrongful death cases:

• Every state has a different deadline. It typically falls within two to four years from the date of your loved one’s death.
• Certain exceptions may apply. In some cases, the clock might not start ticking until you discover the cause of death, particularly if it wasn’t immediately apparent.
• Don’t wait to seek legal guidance. An experienced wrongful death attorney can advise you on your state’s specific statute of limitations and guide you through the legal process efficiently.

Why is the Statute of Limitations Important?

There are several reasons why adhering to the statute of limitations is crucial:

• Preserving Evidence: Over time, evidence can become harder to gather or may even disappear entirely. A timely lawsuit allows for a thorough investigation while details are still fresh.
• Witness Availability: Witness memories can fade or become unreliable over time. Pursuing a case promptly increases the likelihood of securing accurate witness testimonies.
• Protecting Your Rights: The statute of limitations safeguards the legal system by ensuring claims are brought forward within a reasonable timeframe. Missing the deadline can weaken your case and potentially prevent you from seeking compensation.

We understand the emotional toll a wrongful death can take. Don’t let the legal process add to your burden. Contact 1-800-ATTORNEY today for a free consultation. Our experienced wrongful death lawyers can answer your questions, explain your state’s statute of limitations, and guide you through the legal process with compassion and expertise.

Why You Need a Wrongful Death Lawyer

In the face of unimaginable grief after losing a loved one due to someone else’s negligence, the legal system can feel overwhelming. You deserve support and guidance during this difficult time. A wrongful death lawyer can be your trusted advocate. These are some of the reasons why you should work with a wrongful death lawyer.

Expert Legal Navigation

The legal issues surrounding wrongful death claims can be complex. An experienced attorney understands the laws and procedures, ensuring you take the right steps to secure the compensation you deserve.

Case Investigation and Evidence Gathering

Building a strong case requires evidence to prove negligence and damages. Your lawyer will meticulously investigate the circumstances, gather medical records, accident reports, and witness statements to support your claim.

Negotiation Power

Insurance companies often try to minimize payouts. A skilled lawyer has the experience and knowledge to negotiate a fair settlement on your behalf.

Trial Representation

If negotiations fail, your lawyer will represent you in court, presenting your case persuasively to maximize your compensation.

Emotional Support and Guidance

The emotional toll of losing a loved one is immense. Your lawyer will provide compassionate support throughout the legal process, keeping you informed and alleviating some of the burden.

Losing a loved one is quite challenging. Don’t face this alone. A wrongful death lawyer can be a powerful ally, fighting for justice and helping you navigate the legal complexities while you focus on healing.

How Long Does It Take to Settle a Wrongful Death Claim?

The emotional and financial toll of losing a loved one due to someone else’s negligence is immense. In these difficult circumstances, a wrongful death lawsuit can help you seek justice and some measure of financial security. 

One of the most common questions we hear is: How long does it take to settle a wrongful death claim?

Unfortunately, there’s no one-size-fits-all answer. The timeline for settling a wrongful death claim can vary greatly depending on several factors:

Complexity of the Case

Straightforward cases with clear evidence of negligence might settle quicker than complex cases involving multiple parties or disputed fault. Medical malpractice claims, for instance, often involve intricate medical records and expert testimony, extending the settlement timeframe.

Severity of Damages

The extent of your losses, including medical expenses, lost wages, and emotional distress, can influence the settlement negotiations. Higher damage amounts may take longer to settle as the insurance company or liable party may be more hesitant to offer a substantial sum.

Willingness to Negotiate

Both parties’ willingness to negotiate a fair settlement plays a significant role. If the at-fault party readily accepts responsibility, a settlement can be reached quicker. However, if they deny liability or offer a lowball settlement, litigation might become necessary, which can take considerably longer.

Generally, wrongful death claims can take anywhere from a few months to several years to settle. An experienced wrongful death lawyer can assess your specific case and provide a more accurate estimate of the timeline.

It’s important to understand that you don’t have to navigate this alone. A compassionate and experienced wrongful death lawyer can provide expert legal advice, unwavering emotional support, and keep you informed throughout the entire process.

While waiting for a settlement can be frustrating, remember that your lawyer is working diligently to secure the maximum compensation you deserve. They will fight to recover damages such as medical bills, lost wages the deceased would have provided, funeral and burial costs, and emotional distress.

Contacting a wrongful death lawyer as soon as possible after your loved one’s passing is crucial. This allows them to start building a strong case and ensure you meet any filing deadlines mandated by your state’s wrongful death statute.

Frequently Asked Questions on Wrongful Death Cases

What is a wrongful death lawsuit?

A wrongful death lawsuit is a civil legal action filed by surviving family members when a loved one dies due to someone else’s negligence. It allows you to hold the responsible party accountable and recover damages for your loss.

What are some examples of wrongful death?

Wrongful death can occur due to various negligent acts, including motor vehicle accidents, defective products, medical malpractice, workplace accidents, premises liability, and violent crimes.

Who can file a wrongful death lawsuit?

The eligibility to file a wrongful death lawsuit varies by state and depends on your relationship to the deceased. Typically, immediate family members like surviving spouses, children, or parents can file. An experienced wrongful death lawyer can advise you on the specifics of your state’s wrongful death statute.

What damages can be recovered in a wrongful death case?

Wrongful death lawsuits can help recover various damages, including funeral and burial expenses, loss of consortium, pain and suffering, medical expenses, and punitive damages.

How much time do I have to file a wrongful death lawsuit?

Each state has a statute of limitations specifying the deadline to file a wrongful death lawsuit. It’s crucial to contact a wrongful death attorney as soon as possible after your loved one’s passing to ensure you meet all deadlines.

What is the difference between a wrongful death lawsuit and a personal injury case?

A personal injury case is filed by the injured person themselves to recover damages for their own pain and suffering, medical bills, and lost wages. A wrongful death lawsuit still falls under the umbrella of personal injury law but is a separate legal action filed by surviving family members when the negligence of another party results in a loved one’s death.

Do I need a lawyer to file a wrongful death lawsuit?

Wrongful death cases are complex and involve various legal procedures. An experienced wrongful death lawyer can guide you through the legal process, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

What should I look for in a wrongful death lawyer?

Look for a lawyer with experience handling wrongful death cases specific to your situation. Consider their track record, qualifications, and communication style. Most wrongful death lawyers offer free consultations to discuss your case and explore your legal options.

Can I afford a wrongful death lawyer?

Many wrongful death lawyers work on a contingency fee basis, including the attorneys at 1-800-ATTORNEY. This means you don’t pay anything upfront, and their fees are a percentage of any settlement or award you receive. 

What should I do if I believe I have a wrongful death case?

Contact a reputable wrongful death attorney for a free consultation. They can evaluate your case, explain your legal options, and answer any questions you may have. Don’t hesitate to seek legal advice and support during this difficult time.

Contact a Wrongful Death Lawyer

In the face of such a devastating loss, legal matters may seem overwhelming. But you don’t have to navigate this alone. Our experienced wrongful death attorneys can guide you through the legal process and fight for the compensation you deserve.

We understand. Our compassionate team at 1-800-ATTORNEY has the expertise to handle your wrongful death case. We’ll work tirelessly to:

• Hold the responsible party accountable for their negligent actions.
• Recover damages such as medical expenses, lost wages, and funeral costs.
• Offer emotional support throughout your difficult journey.

Schedule a free consultation today by calling 1-800-ATTORNEY (1-800-288-6763). Let’s discuss your case and explore your legal options. We’ll fight for justice for your loved one and a path toward healing for your family.

Given the fact that wrongful death cases are complex, it’s important to seek the best legal help in order to increase your chances of getting the maximum amount of compensation. Remember that you only get one change to bring a claim. Please contact us today at 1-800-ATTORNEY for your free consultation regarding your wrongful death case.