Wrongful Death Lawyers
The wrongful death attorneys and lawyers of Parke Gordon Law Firm are here for you during an otherwise trying time. 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.
Wrongful death attorney Mat Parke, as well as the other attorneys at Parke Gordon Law Firm, have recovered substantial money settlements for our clients from the negligent persons who caused the wrongful death.
What Kind of Incidents Qualify as Wrongful Death?
Not all deaths caused by another qualify as 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 Parke Gordon Law Firm to determine if you have a legitimate wrongful death case. Call our Boise law office at (208) 322-7274 for a free consultation.
Who Can File a Wrongful Death Claim?
Even so, if your case does qualify, only certain individuals can make the claim for the damages and loss of their loved ones.
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, a thorough legal investigation, and much more could be required.
Four Main Elements of a Wrongful Death Case
By law, there are four main elements involved to claim a wrongful death case. Family members of the deceased wanting to claim wrongful death must prove each element to be awarded financial recompense. The four elements of a wrongful death case are:
It must be proven that the individual being sued was reckless, careless, or negligent.
It must be shown how the defendant’s negligence caused the death of their loved one.
Breach of Duty
Proof that the defendant in a wrongful death owed a duty to the deceased. For example, in the story from above, the driver had a duty to the pedestrian to drive a reasonable speed and to be aware of pedestrians.
There can be many damages occurred from the death of a wrongful death victim. For instance, medical expenses, funeral and burial costs, loss of income and potential earnings, etc.
Proving these elements to the court during a wrongful death lawsuit requires strong evidence. The experienced wrongful death attorneys at Parke Gordon Law Firm can help to gather this evidence and make a strong claim on your behalf.
Boise Wrongful Death Claims
Since wrongful death claims are governed by a 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 set also by statute. Contact a Boise lawyer at Parke Gordon Law Firm to have all your questions answered regarding a wrongful death case.
Wrongful Death Claim Examples
Car Accidents: If your loved one was killed in a car accident, you may be able to file a wrongful death claim. For example, if a drunk driver hit their car, you could possibly file against the drunk driver for negligence. Another example would be if the airbag did not deploy in a car accident. You could possibly make a product liability claim against the airbag or car manufacturer.
Work Related Accidents: If your loved one was killed while at work, you may be able to file a wrongful death claim as well as a workers’ compensation claim. For example, if the equipment at a job site failed and killed someone, a wrongful death claim may be filed against the company for not having equipment maintained properly.
What Happens Following the Wrongful Death of a Passenger?
In most car accident or wrongful death claims, the suit is towards the driver of the other vehicle. However, when a passenger is injured or dies from the negligence of the driver of the car in which the passenger was riding, a case can be made against the driver. In the car accident mentioned above, the passenger was not at fault for the negligence of the driver. Surviving family members can then bring forth what is known as a wrongful death case.
The following are some scenarios in which filing a wrongful death case would be applicable.
Many wrongful death cases are filed after a fatal car accident. There are many ways the other driver can be found negligent for the victim’s death following a car accident. For instance, a distracted driver who caused a car crash can be held responsible for their negligent behavior through a wrongful death case if they killed the other driver. Anyone operating a motor vehicle is under oath to act responsibly and drive safely. When a negligent driver chose to do otherwise and harms another, they should be held accountable.
A driver under the influence of drugs or alcohol is a prime candidate for being held responsible for a fatality. Clearly, it is easy to see the negligence of a drunk driver.
Incidents such as a slip and fall accident where the owner of the property should have known of the hazardous circumstances that caused a death make the owner liable of negligence. It is rare for a person to die from a slip and fall accident or other common premise liability scenarios. However, situations such as an accidental drowning, also fall under this category.
What to Look For When Hiring a Wrongful Death Attorney
Here are a few things to look for when hiring a wrongful death attorney.
- How much experience does he or she have as a wrongful death attorney in the specific area of your case? For example, if your family member died in a car accident, you’ll want an experienced car accident lawyer who can handle your wrongful death suit.
- Who will be working on your case? At Parke Gordon, your assigned wrongful death attorney will handle the majority of your case. However, staff members will also be helping to gather any medical bills or other parts of the case to ensure all things are in proper order.
- What do online Google reviews say about this lawyer?
- Are there any disciplinary actions against this lawyer? You can check the relevant state bar association website.
Contact a Wrongful Death Lawyer in Boise Now
Contact the wrongful death attorneys and lawyers at Parke Gordon Law Firm in Boise to find out if you are entitled under the statute to bring a claim and if so, what types of damages you are entitled to recover. We are aggressive, experienced, and trusted and will fight to ensure you get a fair settlement. Call 208-322-7274 now for a free consultation. This is your opportunity to discuss your case with an experienced wrongful death attorney at no charge. In fact, you pay nothing until your case is settled. Call the wrongful death attorneys at Parke Gordon Law Firm in Boise today! We can usually tell you over the phone if you have a good case.
You Pay Nothing Until We Win Your Case
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