Wrongful Death Lawsuits: How Families Can Seek Justice

Losing a loved one is a painful experience. When a fatal accident occurs because of another party’s recklessness, carelessness, or negligent wrongdoing, families have the legal right to seek justice through a wrongful death lawsuit. Although no legal action can heal the wounds of losing a loved one, a lawsuit can help ease financial burdens and hold at-fault parties accountable.  

If you have lost a loved one under such circumstances, consult a wrongful death lawyer for guidance on your legal options. The attorneys at Fadduol, Cluff, Hardy & Conaway P.C. are ready to help you. Here are the ways families can seek justice and how a wrongful death lawyer can help. 

What is a Wrongful Death Lawsuit?  

A wrongful death lawsuit is a legal claim made by family members of a person who has died due to someone else’s carelessness or wrongful actions. These lawsuits seek compensation for losses such as:  

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support  
• Emotional suffering and mental anguish  
• Loss of companionship  

Wrongful death cases are caused by various incidents, including:  

• Traffic crashes involving cars, trucks, and motorcycles
• Workplace accidents
• Medical malpractice
• Defective products
• Premises liability due to unsafe property conditions
• Criminal acts such as assault or homicide

If your family member’s death resulted from any of these causes, it is advisable to seek legal representation as soon as possible. Families may not realize the long-term financial impact of losing a breadwinner or the emotional toll that qualifies for compensation. An attorney ensures that every aspect of the loss is considered to maximize the potential recovery.

Steps for Families to File a Wrongful Death Lawsuit

If you’re considering initiating a wrongful death lawsuit, here are the steps to guide you through the process:

• Consult a Lawyer Early: Timing is very key in wrongful death cases due to statute of limitations. Contacting a lawyer at Fadduol, Cluff, Hardy & Conaway P.C. can help you understand your rights and deadlines.
• Gather Evidence: Your attorney will collect police reports, medical records, witness statements, and other documentation to establish liability. For instance, in a car accident case, a lawyer might analyze traffic camera footage or driver history.
• File the Claim: Once evidence is compiled, your lawyer will file a formal lawsuit outlining how the defendant’s negligence caused the death and outlining the damages sought.
• Negotiation or Trial: Around 95% of cases settle out of court. However, if a fair agreement isn’t reachable, your wrongful death lawyer will represent you in the trial, armed with a compelling case.

Proving Liability in a Wrongful Death Case  

To win a wrongful death lawsuit, your legal team must establish certain elements. Here are the elements that make a valid wrongful death case:  

• The person or entity being sued owed the victim a duty of care. For example, a driver has a duty to observe safety when driving.  
• The defendant failed to uphold their duty through negligent or reckless behavior.  
• The failure to honor the duty of care led to the victim’s death.  
• The family suffered countable losses as a result of the death.  

Proving negligence can be challenging, so it is important to work with a wrongful death lawyer who knows how to gather evidence and build a strong case on your behalf. Wrongful death lawyers understand the ins and outs of these claims. A lawyer understands the emotional and financial hardships families go through, and they can help you fight for justice and fair compensation.

Contact a Wrongful Death Lawyer Today  

A wrongful death lawsuit is about more than financial compensation; it is about honoring a loved one’s memory and ensuring their death was not in vain. Families can begin to find a path to closure by seeking legal recourse while holding wrongdoers accountable. The compassionate attorneys at Fadduol, Cluff, Hardy & Conaway P.C. are ready to assist you. Contact us today online or call 800-433-2408 for a free consultation.