Wrongful death is death caused due to the negligent, willful, or wrongful act of someone else. If you’re unsure whether you have a viable wrongful death claim, only an experienced wrongful death attorney can help you find the right answer.
Causes of Wrongful Death
Multiple circumstances lead to wrongful death, some of which are as follows:
- Car accident: If distracted driving or driving under the influence of alcohol was the reason behind the death of your loved one, it could be considered as wrongful death.
- Medical malpractice: Medical professionals and doctors have an obligation to ensure a safe standard of care. If your loved one has died due to the negligence of a medical professional, you can file a wrongful death claim.
- Truck accidents: Despite adopting all the precautionary measures, there are times when fatal trucking accidents happen. However, if there’s an accident due to a trucking company’s failure to ensure proper driving hours for their driver or because of irregular weight limits, wrongful death compensation may be demanded.
Who Can Sue?
State laws specify which parties are eligible to claim damages in the event of a wrongful death. In some states, the claimants may include domestic partners, children, spouse, and parents of unmarried children.
Damages in Wrongful Death Lawsuit
The types of damages that plaintiffs seek may vary from state to state. In many states, victims may demand compensation for the following:
- Medical expenses
- Loss of support
- Funeral and burial expenses
- Loss of love
- Loss of affection, care, and nurturing
- Pain and suffering
Burden of Proof
As a wrongful death lawsuit is a civil action and not a criminal case, the burden of proof is less. Pursuing a wrongful death case involves multiple steps such as developing a strategy, investigating a claim, speaking with experts, and meeting witnesses. In a wrongful death case, the quantity of evidence is inconsequential, but quality and credibility are paramount.
Seek Assistance of Skilled Attorney
While pursuing a civil action for wrongful death, hiring the services of a skilled attorney is essential. The specialized wrongful death attorneys at the Law Offices of L. Clayton Burgess in Abita Springs are adept in handling complicated wrongful death cases. The solicitors here ensure they protect the rights of a client and provide adequate representation by building a strong and solid case.