There is nothing more difficult than losing a loved one. The loss is made doubly hard if the death came intentionally or as the result of someone else’s negligence.
If someone you love was accidentally killed or killed intentionally, you can bring a wrongful death claim against the party who caused the death. Such claims are brought by the estate of the deceased and can benefit surviving family members and others who have been impacted by the loss.
Here are four signs you need to meet with a wrongful death attorney if you have experienced such a loss:
- There is a difference between civil and criminal action in the case of wrongful death. If your loved one died as the result of an accident — either a car accident or at work — a civil suit should be brought in order to determine liability and collect damages and are decided based upon compensation.
If your loved one was killed as the result of a deliberate act (murder), criminal charges will likely be brought against the person suspected of committing the crime. You could be called in to testify during the trial, but you have little input into the outcome of the court case. Criminal cases are determined on the preponderance of evidence and penalties include fines, community service and incarceration.
- Who can file a wrongful death claim: Such claims are usually filed by a representative of the estate of the deceased. A wrongful death attorney can file the claim on behalf of the survivors of the deceased. Spouses may bring such claims, as well as the parents of a minor child who has been killed. Minors can also collect damages if their parents have been killed.
- Taking the case to court: A wrongful death attorney can help you prove the defendant was negligent and responsible for your loved one’s death. The defendant must be shown to have owed the victim a duty of care, that this duty of care was breached and directly responsible for causing the death.
- Damages: No amount of money can replace your loved one, but a wrongful death attorney can help you get the maximum amount of compensation you are eligible for by being a strong advocate on your behalf throughout the entire judicial process.
These damages can include compensation for your loved one’s pre-death pain and suffering; associated medical costs; funeral expenses; loss of income and inheritance; and loss of love and companionship.
There are legal limits on the amount of time you have to file a wrongful death claim, so be sure to contact an experienced wrongful death attorney at Banafshe Law Firm. We’ve recovered millions for our clients. Call us at 888-LAW-991 or visit us online at banalaw.com.