What type of injury have you suffered?
Car Accident
- Car Accident
- Head Injury
- Premises Liability
- Products Liability
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- Wrongful Death
Car Accident
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(877) 880-4090People sustain fatal injuries for a number of reasons. If someone else causes those injuries, the victims’ families may wonder if they can sue the guilty party.
The knowledgeable attorneys at Fielding Law can assess your loved one’s death and your eligibility to file a wrongful death claim.
When someone dies as a result of someone else’s actions, certain loved ones may be able to obtain compensation for that death and its effects on surviving family members. The qualifications for wrongful death suits are very similar to those for personal injury claims; if the deceased could have filed a personal injury claim or lawsuit had they lived, their death likely satisfies the requirements for a wrongful death lawsuit.
Every state has its own definition of what qualifies as a wrongful death, along with procedures and requirements for filing a wrongful death lawsuit. Generally speaking, a death resulting from negligence or willful misconduct will likely qualify.
In Texas, for example, wrongful death happens if:
Utah considers wrongful death as one resulting from someone else’s neglect or wrongful act. Ask your attorney from Fielding Law if your loved one’s death qualifies.
Common wrongful death lawsuits include:
The majority of personal injury and wrongful death lawsuits are based on legal negligence that causes the injury of another person.
Individual states’ requirements for wrongful death claims specify who can file, and eligibility varies. However, most states allow certain family members to file on behalf of themselves or a group:
The closer your familial relationship to the deceased, the more likely it is that you are eligible. Ask your Fielding Law attorney if you qualify.
When someone else causes an accident that results in injuries and death, the victim or victim’s family can face mounting expenses through no fault of their own. In these instances, qualifying family members or other legal beneficiaries can seek compensation from the guilty party in a wrongful death claim.
Many accidents cause severe injuries that aren’t immediately fatal. The injured victim can undergo surgeries and other medical treatments before their death, and someone is liable to pay for these things. Examples of eligible medical expenses include:
You’ll need bills and receipts to show how much these items cost so your Fielding Law attorney can seek compensation for them.
Whether you prefer a cremation or traditional burial, funerals and their related expenses can add up quickly. Totals are often several thousand dollars, and family members may struggle to pay for them. Your attorney can request compensation.
Along with fatal injuries, many accidents can cause property damage as well. Car collisions are an example. Eligible family members may be able to obtain vehicle repair or replacement costs.
Any death can cause those left behind to feel overwhelming grief and a deep sense of loss, but deaths resulting from an accidental injury can add a sense of injustice to the mix. Survivors can experience emotional trauma.
You may also obtain compensation for your loss of:
Ask your attorney from Fielding Law to assess your case and tell you which kinds of non-economic damages you can seek.
For your wrongful death claim to be eligible for punitive damages, the person who caused the accident must have acted with malicious intent or recklessness. Some states allow punitive damages while others use exemplary damages as an alternative. Your attorney will tell you if your case qualifies and what your state’s laws are.
A successful wrongful death lawsuit requires an in-depth investigation to prove that the death directly resulted from someone else’s actions. Several factors can complicate these cases, and hiring a competent attorney with experience handling them can simplify the process for you and will likely result in more compensation.
In personal injury lawsuits, the injured victim can usually provide vital information about the accident that injured them. The victim can’t provide that information when accidents result in immediate death. Crucial evidence pointing toward another party’s guilt is lost.
We’ll use a car crash to demonstrate how there can be more than one party responsible for causing an accident that results in death. Say that your loved one was a passenger and died in a collision involving four passenger vehicles. All four drivers may share a degree of fault, and you may need to pursue compensation from all four.
Commercial vehicle accidents are even more complex. If a commercial vehicle like a semi-truck or taxi causes an accident that kills someone, there are several potentially liable parties:
Determining fault in multiple-vehicle accidents that include a mix of passenger autos and commercial vehicles is even more complex.
Government employees, agencies, and equipment can cause or contribute to fatal accidents. Any kind of personal injury or wrongful death claim involving the government becomes much more complex. These cases have strict guidelines, procedures, and shorter statutes of limitations.
Let’s take a look at proving negligence. You must show that all of these elements are true:
If you have a duty of care, you’re obligated to act in ways to minimize the risk of harming others. Licensed drivers have a duty of care to operate vehicles safely, following traffic laws and focusing their attention on the act of driving. Doctors have a duty of care toward their patients to provide thorough, competent, and careful medical diagnoses, treatments, and medications.
You may qualify to file a separate survival action for wrongful death cases involving victims who passed away after struggling to overcome their injuries. Compensation can cover things like the victim’s pain and suffering between sustaining their injury and their death, along with lost wages for that same period.
Your wrongful death attorney from Fielding Law can handle both cases for you.
As a large law firm with offices in multiple states, Fielding Law has the knowledge, experience, and resources to fully represent your interests. We understand the laws governing wrongful death claims and how to prepare a solid case on your behalf. Your loved one didn’t deserve to lose their life, but you deserve compensation for their death.
Contact Fielding Law today for your free case evaluation. You can call us 24/7 at (877) 880-4090, use our live chat, or submit our contact request form. As our client, you’ll always have direct access to your attorney and won’t owe any fees unless you win.