Wrongful death can be one of the most challenging experiences to go through. Any time the loss of a loved one occurs, the range of emotions that result from it can be overwhelming. But these emotions are often even more troubling whenever an often preventable wrongful death takes place. When a member of your family dies, their death can profoundly affect the surviving family members. On top of grief, losing a loved one can lead to financial difficulties. No amount of compensation could ever replace a family member you have lost in an accident. However, wrongful death suits are a way of holding negligent parties accountable and providing a sense of closure to the wrongful death victim’s family members who are left behind. Contact The Law Offices of John M. McCabe if you need a wrongful death lawyer. We offer compassionate care for your family while aggressively seeking compensation from the responsible parties.
Navigating the aftermath of a loved one's death can be an incredibly trying time, further complicated when you suspect that the negligence or misconduct of another caused their death. At The Law Offices of John M. McCabe, we're here to guide you through the initial steps in identifying whether you have a wrongful death case on your hands.
Several key elements must be present to establish that a wrongful death case exists. Here are some pointers to help you determine if you have a potential wrongful death case:
First and foremost, a wrongful death case arises when an individual dies as a result of another party's negligence or intentional act.
You must be able to demonstrate that the death occurred due to the negligence, recklessness, or intentional action of another individual or entity. This might include actions such as medical malpractice, car accidents caused by drunk drivers, or deaths occurring due to unsafe working conditions.
Usually, a representative of the deceased person's estate or immediate family members (like spouses, children, or parents) are eligible to file a wrongful death claim.
The death must have resulted in quantifiable financial damages. These could encompass medical and funeral expenses, loss of income, loss of potential inheritance, and the loss of companionship or support.
If you suspect that your loved one’s death meets the above criteria, here’s what you can do:
Contact an experienced wrongful death attorney to evaluate the merits of your case. A seasoned attorney will guide you on the necessary steps to take and the documentation required.
Start gathering crucial documentation like medical records, autopsy reports, and witness statements, if available. These documents will form the basis of your case.
A thorough investigation of the circumstances surrounding the death will be conducted. This process will help in establishing the liability of the concerned party/parties.
We work on a contingency basis for personal injury claims such as a fatal car accident. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don't have even more out-of-pocket expenses during a stressful time.
We will work directly with you as your case unfolds, providing you with answers to your questions and timely updates regarding the status of your case. Our team handles a broad range of wrongful death claims, including claims stemming from:
We will deal with the insurance companies and handle all of your legal issues, so you can focus on what is truly important during this difficult time. Our attorneys will fight aggressively to ensure that any verdict or settlement you receive maximizes your family’s compensation for the loss of a relationship, lost future earnings, pain and suffering, medical bills, funeral bills, and other economic and emotional damages.
Contact us for a free initial consultation to learn more about how we can help you obtain a just result in your wrongful death case.
A wrongful death claim is a legal action brought against an individual or entity who is alleged to be responsible for a person's death due to negligence or wrongful actions. This can arise from various circumstances, including medical malpractice, car accidents, workplace accidents, or criminal activities.
Typically, the immediate family members such as spouses, children, and parents of the deceased person are eligible to file a wrongful death claim. In some cases, other relatives, like siblings or grandparents, may also be allowed to file a claim, depending on state law.
In a wrongful death case, plaintiffs can seek various types of compensation, including:
The statute of limitations, or the time limit for filing a wrongful death claim, varies by state. Generally, it ranges from one to three years from the date of the death. It is essential to consult with a lawyer as soon as possible to ensure compliance with these deadlines.
To prove liability, the plaintiff must demonstrate that the defendant owed a duty of care to the deceased, that this duty was breached through negligence or intentional acts, and that this breach directly resulted in the death, causing quantifiable damages.
Yes, a wrongful death claim is a civil action and can be pursued independently of any criminal proceedings. It is not uncommon for both types of cases to run concurrently.
The duration of a wrongful death case can vary widely depending on the complexity of the case, the willingness of parties to settle, and the backlog of the court system. It can range from several months to several years.
While it's technically possible to file a wrongful death claim on your own, it is highly recommended to seek legal representation. An experienced attorney can navigate the complex legal landscape, gather necessary evidence, and negotiate with insurance companies on your behalf, maximizing the chances of securing a favorable outcome.
Our office provides comprehensive legal services in wrongful death cases, including case evaluation, investigation, legal strategy formulation, and representation in court. We work diligently to ensure that you receive the justice and compensation you deserve, all while offering compassionate support during this difficult time.