Wrongful death is a common legal term which is often misunderstood. Here are 7 frequently asked questions concerning wrongful death to help you gain a great understanding.
What is Wrongful Death?
Wrongful death is a legal term to describe a claim that certain individuals can make against a person who wrongfully or negligently causes the death of another. Each state legislature has enacted wrongful death statutes that govern who can bring a wrongful death claim.
The wrongful death attorneys of Parke Gordon Law Firm have helped clients recover substantial monetary settlements from the negligent persons who caused the wrongful death. Let us handle the stress of your wrongful death case and get you the compensation deserved.
What Kind of Incidents Qualify as Wrongful Death?
Not all deaths caused by another qualify as a wrongful death. The death must have occurred due to the negligence of another to be considered wrongful death. Incidentally, many incidents could be considered negligent behavior that leads to the death of another. Here are some examples of wrongful death claims:
- Texting, drunk driving or other distracted driving which caused a fatal car accident.
- Property damage or premises liability that resulted in a drowning accident.
- Drugs or defective products that caused the victim to die.
- Depending on the circumstances, you may qualify to claim wrongful death. Be sure to contact the experienced attorneys of Parke Gordon law Firm to determine if you have a legitimate wrongful death case. Call (208) 322-7274 for a free consultation.
Who Can File a Wrongful Death Claim?
In most cases, the following individuals may file a wrongful death claim:
- Spouses or life partners
- Other dependents
By and large, to receive justice for a wrongful death you must have some substantial evidence. Ultimately, there are some key factors you must have to prove your claim is valid. For instance, you must include the fact that the party you are suing owes your loved one a duty of care, they breached that duty to care and as a result, they caused the death. Extensive evidence, expert opinions, witness testimony, thorough legal investigation, and much more could be required.
How Can I File a Wrongful Death Lawsuit?
Since wrongful death claims are governed by the statute enacted by the legislature, the persons who are entitled to recover claims are set by statute. In addition, the types of damages a person may recover are also set by statute.
How are Damage Amounts Determined in a Wrongful Death Case?
During a wrongful death case, your attorney will look at a number of different things to determine a fair damage amount for your case. For instance, how much income did the deceased bring in to support the family? Other factors may include the deceased’s life expectancy, their health before the accident, their age, occupation, habits, past earnings and likely future earnings.
What are Some Common Economic Damages Survivors of a Wrongful Death are Entitled to?
Typical economic damages rewarded to the survivors of a wrongful death include compensation for:
- Past and future income the deceased may have earned.
- Loss of companionship, guidance, love, affection, and advice.
Do I Need to Hire a Lawyer to File Wrongful Death?
Hiring an experienced wrongful death lawyer will greatly benefit your case. This is an area of the law which is very complex. A personal injury attorney will guide you through things such as who is entitled to bring a case, who is entitled to recover, and how to get the most compensation. Wrongful death attorney Mat Parke of Parke Gordon Law Firm has recovered substantial money settlements for his clients from the negligent persons who caused the wrongful death. Call our Boise law office now for a free consultation at (208) 322-7274.
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