Personal injury incidents can have catastrophic consequences, with some possibly leading to wrongful death. The negligence or intentionally harmful behavior of another party can cause so much damage to a person that it can lead to their death. This wrongful death can leave a hole in the life of a family, with them suffering from mental anguish and pain and suffering from losing a loved one.
While nothing can replace the life that was lost, the family of someone who suffered wrongful death can pursue compensation for damages, such as lost wages, pain and suffering, and loss of consortium. A personal injury lawyer can help you file a wrongful death claim with the at-fault party’s insurance company to hold them accountable for the negligent or intentionally harmful behavior that led to your loved one’s wrongful death. At The Russo Firm, we have wrongful death lawyers with specific experience helping victims recover compensation for the untimely passing of their loved ones and can provide that support to you as well. To schedule a free, no-obligation consultation, call us at (561) 270-0913 or contact us online.
Why Choose The Russo Firm For Help With Your Wrongful Death Claim?
If a personal injury incident took the life of a loved one, the last thing you should have to worry about is handling the claims process alone. You need time to grieve and not to worry about how you will recover financial compensation. The experienced personal injury attorneys at The Russo Firm can use their expertise and experience with wrongful death claims to take the pressure of the claims process off your back.
At The Russo Firm, we believe in putting our clients first with personalized legal counsel. Our personal injury attorneys will constantly communicate with our clients, shaping the legal counsel plan around the specifics of their cases. Wrongful death claimants will need a lot of financial support, with lost wages from the death of a loved one and the funeral and burial costs coming up. Contact The Russo Firm today for a free consultation to see how our wrongful death lawyers can assist you in recovering compensation for wrongful death damages while you deal with the emotional fallout of your loved one’s death.
The Russo Firm Case Results
Earning compensation for a wrongful death claim involves settlement negotiations with the at-fault party’s insurance company and possibly a court case. Without experience handling wrongful death claims, the likelihood of you earning fair compensation by handling the claim independently is low. At The Russo Firm, we have a proven track record of earning clients fair compensation for their personal injury damages.
Our experience with wrongful death claims gives us an understanding of how settlement negotiations can work. Insurance companies place their profits above all else and will do anything in their power to deny, delay, or devalue your wrongful death claim. Our wrongful death lawyers can see through these attempts and mitigate their effect, putting you in a position to recover full compensation for wrongful death damages. If a fair settlement cannot be reached, we have the resources and willingness to commit to a wrongful death lawsuit to help you recover compensation for the full cost of wrongful death damages.
The following are some of the case results we have earned for our personal injury clients:
- $3.3 Million for a Drunk Driving Car Accident
- $2.4 Million for Medical Malpractice Misdiagnosis
- $2 Million for a Trucking Accident That Led to a Wrongful Death
- $1.75 Million Product Liability Jury Award for Crushed Hand
- $650 Thousand Automobile Accident Jury Award for Reconstructed Knee
What is Wrongful Death?
Wrongful death is when someone passes away due to the negligent or intentionally harmful behavior of another party. It refers to the civil action of the surviving family members pursuing compensation for damages caused by the at-fault party. While there will be a criminal case brought due to the death of a loved one, a wrongful death claim is not connected and has to do with seeking compensation for losses the family sustained due to the wrongful death. Any ruling or advancement in the criminal case could affect the civil action, but the results of both are separate.
According to the Center for Disease Control, 2020 saw 200,955 wrongful deaths. Motor vehicle accidents caused 40,698 wrongful deaths, and unintentional poisoning incidents resulted in the deaths of 87,404 people. Negligent behavior puts people at harm every day, with catastrophic consequences taking the lives of hundreds of thousands of people each year. The family of wrongful death victims can file wrongful death civil claims to pursue compensation for the financial and emotional damages caused by the death of their loved one.
Does Wrongful Death Apply for Accidents?
One may assume that wrongful death could apply only to deaths that have an element of intentionality. This is not the case, as wrongful death can apply to any incident involving negligence. This is when someone does not exercise proper caution and exposes others to harm as a result. Any negligent behavior, whether on purpose or not, that leads to the death of another person can leave the negligent party liable for damages in a wrongful death claim.
A common example of a situation with an accidental wrongful death is a medical malpractice case. A healthcare professional owes it to patients under their care to behave responsibly and with their best intentions in mind. A medical error, such as surgery on the wrong body part, leaving a foreign object in someone’s body, or prescribing the wrong medication, can put someone’s life at risk. Despite not meaning to kill a patient, a doctor can still be held liable in a wrongful death claim for the negligence that took a patient’s life.
Automobile Accident Causing Wrongful Death
One of the most common causes of wrongful death is an automobile accident. People can die from car, truck, and motorcycle accidents just from the impact of the collision. A high-speed collision can have such an intense crushing impact that a person’s organs are damaged to the point where they cannot recover. A car accident can also cause severe injuries, such as a traumatic brain injury (TBI), that slowly deteriorates their health and eventually takes their life.
Some negligent driving actions that can cause a car accident wrongful death include:
- Distracted driving
- Drunk driving
- Speeding
- Road rage
- Reckless driving
- Not obeying road rules
- Drowsy driving
Other Causes of Wrongful Death
Intersection accidents involving automobiles, bicycles, and pedestrians can also result in wrongful death. A car speeding through an intersection can strike someone with the right-of-way and can cause irreparable damage through a pedestrian or bicycle accident.
As stated above, medical malpractice can also threaten someone’s life if a doctor makes a grave medical error that can result in severe injury or intense harm. Manufacturers of dangerous products can be held liable for wrongful death in a product liability claim if their product has a manufacturing defect, design defect, or fails to warn consumers of possibly lethal consequences of using the product. Defective drugs are a type of defective product that can poison a person and lead to wrongful death.
Who Can File a Wrongful Death Claim?
The person or party who can file a wrongful death claim on the behalf of someone who passed away due to the negligence of another party depends on what state the claim is being filed in. Different states have different laws regarding filing a wrongful death claim. A personal injury lawyer could help you walk through whether you can file a wrongful death claim for a deceased loved one in your state.
The following are the parties that normally can file a wrongful death claim to pursue compensation for damages:
- Parents
- Spouses
- Children
- Estates
- Siblings
- Financial dependents
Filing a Wrongful Death Claim
A wrongful death claim can be filed by a representative on behalf of the people who suffered harm due to the death of a loved one. This can be financial harm, as they are affected by a loss of income, or emotional harm.
To recover compensation, the person or party must prove the following:
- The at-fault party owed the deceased party a duty of care
- They breached the duty of care
- The breach of duty of care led to the wrongful death
- The wrongful death caused financial and emotional harm to those filing the claim
A wrongful death lawyer can help you collect evidence that can help prove the liability of the at-fault party and the damages caused due to the wrongful death. Some of this evidence can include photographic or video evidence, medical records, police reports, witness statements, expert witness testimonies, financial information, etc.
Damages in a Wrongful Death Claim
The damages in a wrongful death claim have to do with how the family suffered both financially and emotionally due to the death of a loved one. You can pursue compensation for medical bills, funeral costs, and burial costs that the family has to pay due to the loved one’s death. Lost wages and lost earning potential also apply to wrongful death claims, as the family will now have to live without the wage of the deceased party.
On top of the economic damages caused by wrongful death, you can pursue compensation that pays for the emotional damage and how the death altered the standard of living of the family (non-economic damages). Loss of consortium and companionship are common non-economic damages pursued in wrongful death claims, as the family will have to live without the love of another family member. You can also pursue compensation for mental anguish, pain and suffering, and loss of enjoyment of life.
How Can a Personal Injury Lawyer Help With Your Wrongful Death Claim?
To be successful in a wrongful death claim and recover fair compensation for damages, you need an experienced personal injury lawyer in your corner to handle the claims process. Without legal counsel crafted through experience, a mistake could be made that can affect your ability to recover full compensation for damages.
An experienced personal injury lawyer has been through wrongful death claim processes and will know the best path for you to recover fair compensation. Certain steps will be necessary for you to recover fair compensation, and an experienced personal injury attorney will know when and how to complete them. They can handle the complicated wrongful death claims process while you focus on grieving the death of your loved one.
The following are some of the ways a personal injury lawyer can help you with your wrongful death claim:
- Assess the wrongful death damages (past, current, and future)
- Determine who caused the wrongful death
- Begin the claims process by sending out the demand letter
- Collecting evidence to prove the at-fault party’s liability
- Speaking to witnesses and experts to prove your case
- Negotiating with the at-fault party’s insurance company
- Representing you in court in a wrongful death lawsuit
Contact The Russo Firm for Help With Your Wrongful Death Claim
At The Russo Firm, we have decades of experience helping personal injury victims across the United States in cities like Orlando, Miami, Garden City, and New Orleans. If your loved one died prematurely due to the negligence of another party, our personal injury lawyers can help you file a wrongful death claim to pursue compensation for damages. We understand the financial and emotional fallout caused by the death of a family member and wish to help you through this perilous time. The Russo Firm’s wrongful death attorneys can put you in the best position to recover fair compensation for wrongful death damages with our vast resources, personalized legal counsel, and decades of wrongful death claim experience.
We offer free consultations for families looking for legal representation for wrongful death claims. You can speak to our personal injury lawyers to determine whether they have the right experience, plan, and personality to handle this sensitive wrongful death claim. Contact The Russo Firm today at (561) 270-0913 or leave a message on our online contact page to learn how our wrongful death lawyers can put you in the best position to recover compensation for damages.