Wrongful death occurs when someone dies due to the negligence of another. There are several circumstances in which wrongful death can occur including motor vehicle accidents, pedestrian and bicycle accidents, medical malpractice, and construction or workplace accidents. The loss of a family member is difficult and extremely tragic. It is important to have an experienced wrongful death attorney by your side throughout the process of filing a lawsuit.
Family and friends are very understandably upset when a loved one passes away. Aside from the grief that follows their loss, knowing the loss occurred due to another’s negligent behavior is difficult to comprehend. While wrongful death can occur in several different situations, the most common include the following:
If your loved one was lost due to another’s negligence, you may be entitled to compensation.
Typically, when wrongful death occurs, family of the victim are able to file a wrongful death lawsuit against the person or party who caused the death. The following are potential designated beneficiaries who could file a wrongful death claim:
In some states, only decedents of an estate may file a wrongful death lawsuit. Reach out to our legal team for a no-cost case evaluation. Our attorneys will be able to provide you with the information you need on whether or not you may file a wrongful death claim.
If your loved one has passed due to another person’s negligence, you may be eligible for compensation. Compensation can be awarded to family members of wrongful death victims in different ways.
Compensatory damages including:
In some cases, punitive damages may be awarded. Punitive damages are awarded to the family of a wrongful death victim as a punishment to the defendant or responsible party.
In the case of a loved one dying as a result of another person’s negligence, you may be able to file a wrongful death lawsuit. While they won’t bring your loved one back, wrongful death lawsuits can bring emotional closure, financial compensation, and sometimes funeral expenses.
To file a wrongful death claim, the family or decedents of the victim must prove the death was caused by negligence. Surviving family members must also prove they suffered damages as a result of the loved one’s death.
Each case is different. Speaking with an experienced attorney will allow you to understand the steps you may be able to take in filing a wrongful death claim. For a case evaluation, contact our legal team today.
To prove wrongful death, you must prove your loved one died from negligence on behalf of another person/party. For a defendant to be liable for negligent behavior, they must have failed to provide a standard duty of care or consideration owed to the person who died. While the definition of standard duty of care varies based on the circumstances of the death, the overall action must have been done with no ability to cause harm or death. For example, in a vehicle accident wrongful death case, the victim’s decedents must prove the other driver was acting negligent by speeding, running lights or stop signs, driving distracted or under the influence.
If duty of care was owed to a patient in a medical malpractice case, the victim’s decedents must prove the defendant did not give the patient the standard of care owed to them. Additionally, in some cases you may be required to prove there were damages suffered as a result of negligence.
Typically, in a wrongful death case, a judge will determine if negligence caused the death. The experienced Evansville wrongful death lawyers at Tuley Law Office will be able to provide you with the legal assistance you need to prove a wrongful death case.
When you lose a loved one, your number one priority should be healing from the pain of loss. Hiring an experienced wrongful death attorney will allow you to heal without the added stress of navigating the legal process of obtaining compensation.
If your loved one has passed due to wrongful death by negligence, you have two years from the date of their death to file a wrongful death lawsuit in the state of Indiana.
If your loved one has died as a result of another person’s negligence, you are urged to contact the Evansville, Indiana wrongful death attorneys of Tuley Law Office. Our legal team has decades of combined experience to guide you throughout the process of obtaining compensation for the loss of your loved one. Contact us today for a no-cost case evaluation.
Have questions about your case?Contact us