How to Pursue Accountability and Justice in a Wrongful Death Claim

Losing a loved one is an incredibly painful experience, but when their passing is a result of someone else’s negligence or intentional actions, it adds an additional layer of complexity and injustice. Wrongful death is a legal term used to describe such unfortunate situations. Let’s dive into the concept of wrongful death, explore the elements involved in pursuing a wrongful death claim, and shed light on how a personal injury law firm can help bereaved families seek justice and find closure.

Wrongful death crime scene investigation. Forensic science specialist photographing human remains.

What Exactly is Wrongful Death?

Wrongful death occurs when an individual loses their life due to the negligence, recklessness, or intentional misconduct of another person, business entity, or organization. These incidents can arise from various circumstances, including car accidents, medical malpractice, defective products, workplace accidents, or criminal acts. The key aspect of a wrongful death claim is that the victim would have had grounds to pursue a personal injury lawsuit had they survived the incident.

partial view of male bicycle rider hit by car on road, wrongful death concept

Elements of a Wrongful Death Claim

In order for a wrongful death claim to be successful, a plantiff must demonstrate the following criteria:

  • Duty of Care: Show that the defendant owed a duty of care to the deceased, meaning they had a legal obligation to act responsibly and avoid causing harm.
  • Breach of Duty: Demonstrate that the defendant breached that duty of care through negligent or intentional actions or omissions.
  • Causation: Establish a causal connection between the defendant’s breach of duty and the victim’s death.
  • Damages: State damages from the plantiff’s death, such as financial loss, loss of companionship, emotional distress, or funeral expenses imposed upon the victim’s surviving family members.

Man in hardhat checking to see if coworker lying on the ground is breathing. Wrongful death concept.How a Personal Injury Law Firm Can Help

Navigating the legal complexities of a wrongful death claim can be overwhelming for grieving families. That’s where a compassionate and experienced personal injury law firm, like Williams DeLoatche, P.C., can provide invaluable assistance. Here are some ways we can help:

  • Legal Expertise: A knowledgeable wrongful death attorney will guide you through the legal process, explain your rights, and determine the potential value of your claim based on the circumstances surrounding the death.
  • Investigation: Law firms have the resources to conduct thorough investigations, gather evidence, interview witnesses, and reconstruct the incident to establish liability.
  • Negotiation and Settlement: Skilled attorneys negotiate with insurance companies or the opposing party to seek a fair settlement that covers medical expenses, funeral costs, lost wages, and other relevant damages.
  • Litigation Representation: If a fair settlement cannot be reached, a personal injury law firm can represent your interests in court, presenting a compelling case to a judge or jury and advocating for maximum compensation.

Surgeon covering a patient that died during surgery with a sheet. Two other doctors look on, sad

Losing a loved one due to the negligence or intentional acts of another is a devastating experience. Arming oneself with a knowledgeable personal injury lawyer can help provide internal peace and financial relief. By working with Williams DeLoatche, P.C., you can protect your rights while allowing yourself the space and time needed to grieve properly. Remember, you don’t have to face this difficult journey alone – professional legal support is available to guide you every step of the way. Reach out to us today!