Losing a loved one is a tragic experience, but when their demise is caused by someone else’s negligence or misconduct, the pain of the injustice can be overwhelming. This is known as wrongful death, and it’s a heartbreaking reality for many families represented by the Dornan Law Team’s personal injury attorneys.

What Is Wrongful Death?

Wrongful death occurs when a person dies as a result of the reckless, negligent, or intentional actions of another party. These incidents can happen in a wide variety of settings, from car accidents and workplace incidents to medical malpractice and defective products.

While no amount of legal action or compensation can bring back your loved one, filing a wrongful death lawsuit can help you achieve justice and financial stability during an incredibly difficult time. Experienced personal injury attorneys can help ensure the responsible parties are held accountable and you receive fair compensation for loss, damages, and pain and suffering.

Common Wrongful Death Circumstances

Some of the most common circumstances leading to wrongful death lawsuits include:

• Reckless, drunk, or distracted driving

• Failure to meet medical duty of care standards

• Misdiagnoses

• Surgical errors

• Dangerous workplace environments

• Improper training

• Poor safety measures

• Defective product design, manufacturing, or functionality

• Intentional acts of violence

In wrongful death cases where criminal acts are involved, a personal injury attorney can also help victims’ families pursue criminal charges or civil lawsuits. Contact the Dornan Law Team for more information.

Who Can File a Wrongful Death Claim?

Every state and jurisdiction has specific laws regarding who is allowed to file a wrongful death lawsuit and how much time they have to do so. In most cases, the right is given to close family members of the deceased.

Surviving spouses, children, and parents of minors are entitled to file a wrongful death claim with a personal injury attorney. However, extended family members, such as siblings or grandparents, may also be eligible claimants in some situations. In cases where the deceased has no close family, the personal representative of the estate may be able to pursue compensation on behalf of the estate and any beneficiaries.

Understanding Wrongful Death Damages

The purpose of a wrongful death lawsuit is to provide financial compensation to surviving family members for the losses they have endured.

The types of damages that can be recovered in a wrongful death claim generally fall into three primary categories:

1. Economic

2. Non-economic

3. Punitive

Economic Damages

Economic damages compensate for the direct financial losses that result from the wrongful death. These damages include funeral and burial expenses, lost wages and benefits, medical bills, and more. Discuss the parameters with a personal injury attorney to determine where you stand.

For example, if your loved one was the primary wage earner in the household, their death can leave a significant financial void. A wrongful death claim and successful outcome can provide adequate compensation for the income the deceased would have earned over their lifetime, as well as any lost benefits, such as health insurance or retirement contributions.

Non-Economic Damages

Non-economic damages are meant to compensate for the more intangible losses associated with losing a loved one in a wrongful death case. These damages include loss of companionship and support and, often, pain and suffering.

For instance, a wrongful death claim handled by an experienced personal injury attorney can help pursue compensation for the emotional pain and loss of a companion, guide, or support person. The emotional distress experienced by the deceased before death and the surviving family can also be factored into the claim.

Punitive Damages

In some cases, punitive damages may also be awarded if the defendant’s actions were particularly egregious or reckless. These claims are meant to punish the wrongdoer and deter similar future behavior or outcomes.

Contact Dornan Law Team’s Personal Injury Attorneys

Navigating the legal complexities of a wrongful death case can be overwhelming, especially when you are grieving the loss of a loved one. Therefore, hiring a skilled personal injury attorney can provide much-needed support, guidance, and legal counsel.

A wrongful death leaves a lasting impact on families, and while no legal action can undo the pain, a lawsuit can help you seek justice and provide the financial support your family needs to move forward. Schedule a consultation with the Dornan Law Team to fight for your rights and ensure those responsible are held accountable.