Losing a loved one is an extremely difficult experience to endure, regardless of the cause of death; however, losing a loved one as a result of wrongful death can be even more traumatic and upsetting because of the fact that it could have been avoided. If those responsible had upheld their duty to keep your lost loved one safe, then you would not need to endure this suffering; since they failed this duty, though, then they must be held accountable. We will help you through this process by taking on all of your legal concerns while helping you to keep your stress low so that you can focus on moving forward and recovering from this loss instead of being overwhelmed with these complicated issues.
What Is a Wrongful Death?
Wrongful death is a death that is caused by a wrongful action by another, regardless of whether the wrongful act was intentional or accidental. Since the death was the result of this negligence, recklessness, or another type of failure to keep your loved one safe from harm, the responsible party must be held accountable financially (whether or not there have been any criminal laws violated). To establish a wrongful death claim, we will need to prove the following:
- The defendant had a responsibility or duty to keep your loved one safe
- The defendant failed in their duty to act in a way that kept your loved one safe
- This failure caused an accident
- Your loved one was killed in the accident
Wrongful death claims and lawsuits are civil actions, and may or may not coincide with criminal actions stemming from the same incident. For example, an individual may be found liable for wrongful death after a car accident, but not be accused of any criminal acts; however, a murder may be tried in both a criminal and civil case, with one famous example being OJ Simpson’s civil case after being acquitted of a double murder but found liable in civil court. In other instances, an individual may be found guilty of a criminal act but not be held liable for any civil damages—all depending on the case at hand. Of course, the specifics of your own situation will depend on a range of factors that are unique to your case, which is why it is so essential that we work together starting as soon as possible in order to begin building your case.