Wrongful Death

Although the death of a loved one is never an easy thing to process or make peace with, it is so much more difficult when the death is sudden, unexpected, and caused by another person’s or group’s negligence or recklessness. In some circumstances when a death is expected such as a terminal illness, the family of the loved one will obviously grieve but at least they have had to prepare for the death.

When the death is caused by someone else’s carelessness, the family will grieve but will also have to deal with certain financial strains that the death may create, including the loved one’s funeral and burial expenses. In cases where the death was preventable but still occurred, every state in the US has made it possible for the family to take legal action against the responsible party and receive financial compensation for the loss.

This is known as a wrongful death lawsuit, and our team at OEB Law is here to make sure that you and your family are able to fight for the compensation you need to deal with the sudden loss of a beloved family member. We will evaluate your situation and determine if you are eligible to seek compensation. Once that has been established, we will fight for your family and work diligently to ensure you get the best possible outcome from the claim.

What Is a Wrongful Death Claim?

Although this type of claim involves the unexpected death of an individual, a wrongful death claim is not a criminal case. There are no charges filed and the district attorney will not be involved. Instead, this is a civil lawsuit which works for financial compensation being awarded to the family of the deceased.

A wrongful death can be the result of a wide variety of situations, but the commonality is that the death was caused by the negligence or recklessness of another person or organization. From car accidents to slip and fall incidents, there are many ways in which the negligent acts of another person can result in the death of someone else. Not to make the situation more complicated, but an illegal act such as an assault can also end up in a wrongful death claim being filed.

What Qualifies as a Wrongful Death?

The qualifications for a wrongful death can be very wide-ranging because it has to involve a negligent act which results in the loss of human life. Basically, the actions of the at-fault party must be reckless, wanton, and negligent, and they must result in a fatality. These do not necessarily have to be illegal acts, but those can qualify as well.

Filing a wrongful death claim can be equated to an attorney working to get justice and compensation on behalf of the deceased victim. It is like filing a personal injury claim for the individual who was killed. Wrongful death claims are also focused on lessening the financial impact of the loss on the family of the deceased. They are entitled to compensation for the loss of companionship, loss of financial support, and the wages that the deceased loved one may have brought to the family, especially if they were the main financial provider.

Negligent acts as well as illegal actions which resulted in the death of an individual could qualify as the basis for a wrongful death claim. It is important to seek the advice and counsel of an experienced personal injury attorney such as ours at OEB Law to make sure you have a case and to ensure you get the best possible outcome for that claim.

Who May Be Able to File a Wrongful Death Claim?

As with most personal injury situations, there are certain limitations to who can actually file the lawsuit. Depending on the laws of a state, the individuals who can actually file the wrongful death claim will be very specific. Some of the most common parties who would be able to file this type of claim on behalf of their deceased loved one include:

  • Spouses – husbands and wives are typically given the first right to file a wrongful death claim
  • Children – Kids of the deceased usually have the same right as the surviving spouse, but there may be limits to this right.
  • Siblings and parents – Only in certain cases can the siblings and parents file the claim because they have fewer rights than the spouses or children in many states.
  • Official representatives of the estate – Some states prevent the surviving loved ones from filing the wrongful death claim, and it must be done by an official representative of the estate. Obviously, the compensation awarded would go to the heirs of the decedent.

It is important that you understand the laws of the state in which you live when it comes to filing a wrongful death suit. When in doubt, it is best left to experienced attorneys to help you determine your family’s eligibility for filing a wrongful death claim.

How Do You Prove Wrongful Death?

There are certain elements of the wrongful death lawsuit that must be proven in order for you and your family to be awarded compensation for your losses. These criteria can be difficult to prove and often require the expertise and skill of an experienced attorney to make sure that you have the best chance of getting the compensation you deserve.

The following elements, often part of any personal injury case, must be proven in order for damages to be awarded:

  • Duty of care: It must first be proven that the party responsible for the death of your loved one had a duty of care to that individual. This can include a motorist’s duty of care to the other drivers on the road.
  • Breach of that duty: Once the duty of care has been established, the next aspect is the breach of that duty. It must be shown that the liable party’s recklessness or negligence has resulted in a breach of the duty that they owed to the deceased.
  • Causation: It must clearly be shown that there is a clear link between the responsible party’s actions and the injuries that resulted. The untimely death must be the direct result of the defendant’s actions.
  • Measurable damages: The actions taken and the death which resulted must have damages which are financially measurable.

Once all of these qualifications have been established, you can rest assured that you have put forward the strongest possible case and will be able to seek maximum compensation for the death of your loved one.

Schedule a FREE Initial Consultation with Our Experienced Attorneys

Has one of your loved ones been killed as a result of another person’s wanton disregard for safety? If so, you and your family may be eligible to file a wrongful death suit against the responsible party. At OEB Law, our attorneys have the experience and expertise needed to ensure that you get the best possible representation and will have a great chance of getting maximum compensation.

Our team has more than 50 years of combined experience helping the residents of Knoxville with their personal injury and wrongful death claims. We are committed to assisting you with your case, and we are offering a free initial consultation to discuss your situation. Give us a call at (865) 546-1111 to learn more about the specifics of a wrongful death claim and to start your claims process!

Free Case Evaluation

TEXT or CALL for HELP NOW.
Standing By 24/7.
(865) 546-1111

We personalize each case to meet our client’s needs.

Name
This field is for validation purposes and should be left unchanged.

Testimonials