Losing a loved one is devastating, and when their death results from someone else’s negligence or intentional actions, the pain is even greater. TORKLAW is here to provide compassionate legal guidance, helping you navigate the complexities of the legal system and seek justice for your loss with the help of an experienced wrongful death attorney.
WHEN SHOULD YOU CONSULT A WRONGFUL DEATH ATTORNEY?
If you suspect your loved one’s death was caused by negligence or misconduct, it is crucial to speak with a wrongful death lawyer as soon as possible. These claims generally arise from:
1. Intentional Acts Leading to Death
If someone deliberately caused harm—such as in an assault or other violent act—the responsible party can be held accountable in both criminal and civil courts. Even if they are acquitted in a criminal case, you can still seek justice through a wrongful death lawsuit.
A party can be acquitted criminally but still found liable civilly, with the O.J. Simpson case being a notable example.
2. Deaths Caused by Negligence
Not all wrongful deaths are intentional. Negligence-based wrongful death claims involve careless actions that result in fatal consequences. Common examples include:
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Car accidents caused by reckless or impaired driving
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Medical malpractice, such as surgical errors or misdiagnoses
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Unsafe premises, leading to fatal slip and falls or other accidents
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Defective products that cause fatal injuries
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WHO CAN FILE A WRONGFUL DEATH LAWSUIT?
The right to file a wrongful death claim varies by state, but typically, the personal representative of the deceased’s estate files the lawsuit on behalf of beneficiaries, including:
- Spouses and domestic partners
- Children and stepchildren
- Parents or legal guardians
- Other dependents or close relatives (varies by state)
If you’re unsure about eligibility, contact our wrongful death lawyers at TORKLAW for a free consultation.
WHAT COMPENSATION CAN BE RECOVERED IN A WRONGFUL DEATH CLAIM?
A wrongful death lawsuit seeks financial compensation for the losses suffered by surviving family members, including:
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Economic Damages:
- Funeral and burial costs
- Loss of income
- Loss of inheritance and future financial support
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Non-Economic Damages:
- Loss of companionship, love, and emotional support
- Loss of guidance and mentorship (especially for children)
- Pain and suffering endured by surviving family members
While grief itself isn’t typically compensable, in some jurisdictions, punitive damages can be pursued to punish egregious behavior.
We recommend that you file for a wrongful death case as soon as possible because your case may be subject to a statute of limitations which limits your ability to file after a certain period (typically around two years).
SURVIVAL ACTIONS VS. WRONGFUL DEATH CLAIMS
A wrongful death claim compensates the survivors for their losses. A survival action, however, seeks damages for what the deceased endured before passing away. This can include:
- Pain and suffering experienced before death
- Medical expenses related to the injury
- Lost wages between the injury and death
Both actions can sometimes be combined, maximizing the compensation for your family and ensuring accountability for the responsible party.
FACING THE CHALLENGE OF A WRONGFUL DEATH CASE
These cases are emotionally and legally challenging. While compensation cannot replace your loved one, it can offer financial relief and a sense of justice. Trust is paramount; hence, ensure you collaborate with an attorney genuinely invested in your best interests.
If you believe a loved one’s death resulted from another’s negligence or intentional act, contact us at TORKLAW to seek expert advice from a wrongful death attorney. We commit to guiding you toward the justice and compensation you rightfully deserve.
Contact us today 888.845.9696 for a free and comprehensive consultation.
FAQ
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Q: What kind of lawyer handles wrongful death?
A personal injury lawyer specializing in wrongful death cases handles such claims. At TORKLAW, our experienced attorneys are skilled in navigating the complexities of wrongful death litigation, ensuring compassionate and effective representation for families seeking justice and fair compensation.
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Q: What does a wrongful death lawyer do?
A wrongful death lawyer at TORKLAW provides comprehensive legal services, including investigating the circumstances of the death, gathering evidence, filing a lawsuit, negotiating with insurance companies, and representing families in court to seek justice and fair compensation for their loss.
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Q: Why hire a wrongful death lawyer?
Hiring a wrongful death lawyer is essential for navigating the complex legal process and ensuring your rights are protected. At TORKLAW, our skilled lawyers bring expertise in wrongful death cases, helping to secure fair compensation, handle legal procedures, and provide emotional support during this challenging time. Their guidance can be invaluable in achieving a just outcome for your family.
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Q: Who can file a wrongful death claim?
In a wrongful death claim, immediate family members such as spouses, children, and parents of the deceased are typically eligible to file. At TORKLAW, we can help determine if you’re eligible to bring a wrongful death claim and guide you through the legal process.
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Q: How long do you have to file a wrongful death lawsuit?
Most states impose a statute of limitations—often two years from the date of death—to file a wrongful death lawsuit. Waiting too long can jeopardize your ability to seek justice, so it’s crucial to act quickly. We recommend consulting with our attorneys promptly to ensure timely filing and protect your rights in seeking justice and compensation.
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Q: How long does a wrongful death lawsuit take?
The duration of a wrongful death lawsuit varies, often taking months to years, depending on the case’s complexity, the evidence available, and the legal process in your jurisdiction. At TORKLAW, our experienced attorneys work diligently to resolve your case as efficiently as possible while striving for the justice and compensation you deserve.