What Is Wrongful Death?

Steven A. Bagen | August 27, 2024 | Personal Injury

If your family lost a loved one due to someone else’s actions, you are going through a devastating time, and all you can comprehend is your loss and grief. 

However, you must also consider legal representation when seeking compensation for the death of your family member. The more time passes, the harder it may be to begin the legal process and get the proof you need to qualify for compensation.

Your family should get legal help from a Gainesville wrongful death lawyer to make the most compelling possible case for compensation. Your wrongful death attorney will take on defendants and insurance companies to get the best result for your family. It does not cost you anything upfront to get the legal help you need for a wrongful death case.

When Do Wrongful Deaths Occur?

A wrongful death occurs when a family loses a loved one to someone else’s wrongful actions. Here, wrongful means that the responsible party did something that resulted in your loved one’s death.

Wrongful deaths can occur under many different circumstances, including:

• Car accidents
• Truck accident
• Premises liability accidents (such as fires, carbon monoxide poisoning, or the failure to provide adequate security)
• Pedestrian accidents
• Motorcycle accidents
• Violent attacks
• Plane crashes
• Train accidents
• Nursing home abuse
• Medical malpractice

Proving Negligence in a Wrongful Death Case

When negligence caused your loved one’s death, you will need to prove:

• Someone owed your family member the duty of care.
• They breached the duty of care by doing something unreasonable under the circumstances. 
• Your family member suffered an injury.
• Your loved one would not have suffered an injury had it not been for the actions or omissions of the responsible party.

You will need to come forward with evidence that shows that someone else was to blame for the accident. You may need a Gainesville wrongful death lawyer to gather this evidence independently because your loved one is no longer here to speak about what happened. A wrongful death lawyer can investigate and help build a case that entitles your family to financial compensation.

Surviving Family Members May File a Wrongful Death Claim

In a wrongful death lawsuit, the legal right to compensation belongs to the surviving family. Each state has a wrongful death law, which specifies the family members who may have a legal entitlement to money.

In some states, the deceased person’s personal representative will file the lawsuit. However, in other states, certain family members may file the case depending on their relationship with the deceased person.

Wrongful Death Lawsuits Pay for a Family’s Damages

The wrongful death lawsuit should compensate the family for their losses based on how they suffered after the loved one died. Compensation for the damages the deceased person endured between the time of their injury and death is a separate case called a survival lawsuit.

The family has also endured hardships, which is the basis of the wrongful death lawsuit. Each eligible family member may have suffered their own injury because of their relationship with the deceased person and how they have handled the aftermath of the tragedy.

A family can suffer the following damages when their loved one dies in an untimely manner because of someone else’s actions:

• Family members may have had a loving relationship with the deceased person that they now have lost.
• The deceased person may have provided guidance and support for the rest of their family through their presence and role.
• Family members may have suffered shock, grief, and trauma when their loved one was suddenly and tragically taken from them.
• The family member may have provided financial support for the family through the income that they earn.
• The deceased person had a physical relationship with their spouse that is now lost.
• The family will have to pay funeral and burial expenses (these costs have escalated sharply in recent years, especially after the pandemic).

Why Your Family Needs a Wrongful Death Lawyer

The last thing your family needs to deal with is the details of the legal process, and you want to avoid communicating with an insurance company or even filing a lawsuit in court.

Yet your family still needs the compensation that a wrongful death lawsuit can provide. The best way to work towards a financial settlement or award without immersing yourself deeply in the case is to hire a Gainesville wrongful death lawyer to represent you.

A wrongful death attorney will begin by thoroughly investigating what happened and building the evidence you need to win your case. Then, the wrongful death lawyer will help your family learn how much compensation you should ask for regarding the loss of your loved one. You will need to prove your damages with certainty, which can be challenging when they are subjective.

Once you know the basis of your case, a wrongful death lawyer will file a claim or lawsuit on your behalf. They will continue building your case through the lawsuit while potentially negotiating a settlement.

If the defendant will not settle the case, your wrongful death lawyer will try your case in front of a jury. Defendants and insurance companies have no desire to do the right thing, even when they know that your loved one did not need to die.

A wrongful death lawsuit requires the experience and guidance of a lawyer. By hiring an experienced attorney, you can confidently navigate the legal system, knowing that you have a dedicated advocate on your side.

Do not face this overwhelming journey alone – seek the help of a lawyer who can provide you with the support and guidance you need to seek justice and honor the memory of your loved one.