In basic terms, wrongful death actions are cases where someone’s actions or neglect lead to a person’s death. The goals of a wrongful death suit are always personal to those involved, but often include helping to ensure that the same thing doesn’t happen to someone else’s family, to hold the neglectful party accountable for their actions, and to help support those left behind. Given the gravity of the situation, families should look to an experienced attorney that they trust to help guide them through the process. Below are some wrongful death lawsuit basics to help explain the process.
Causes of Wrongful Deaths
Car accidents are one of the most common reasons for wrongful death lawsuits, as more than 37,000 people die in road crashes each year in the United States. According to the Journal of the American Medical Association, approximately 225,000 people die as a result of medical malpractice each year. Various acts of neglect can lead to wrongful death including:
- 18-wheeler accidents
- Medical malpractice
- Nursing home abuse
- Car wrecks
- Workplace injuries
- Motorcycle crashes
Proving a Wrongful Death Action
There are a few general elements that you should expect to prove to be successful in a wrongful death case:
- That the defendant caused that death either through negligence or with the intent to harm.
- That you are the right party to file the lawsuit according to local laws. For example, a decedent or financial dependent
Cooperating with your attorney to put together the best possible case is crucial. Clients are vital to putting together a strong case, just as hiring an experienced wrongful death attorney to thoroughly investigate the matter is also crucial to success.
What Damages are Available in a Wrongful Death Suit
If you are successful in a wrongful death lawsuit, you may be able to recover economic and non-economic damages. These include:
- Funeral and medical expenses
- Loss of household services – the cost to replace all of the things your loved one used to do around the house, such as repairs.
- Loss of inheritance and financial support
- Mental anguish, pain, and suffering – those items that are so difficult to value.
There is no amount of money that can make up for the loss of a loved one and no way to put a price tag on the value of losing your loved one. However, financial compensation is generally the only outcome available in a wrongful death suit and may serve to deter future negligent behavior.
If you’ve lost a loved one as a result of the negligence of another, contact Chelsie King Garza today for a free consultation. Ms. Garza has years of experience handling wrongful death actions.
