Wrongful Death

Wrongful death refers to a legal claim that arises when an individual’s death results directly from the negligent, reckless, or deliberate actions of another party. This type of civil lawsuit allows the decedent’s survivors, usually immediate family members or beneficiaries, to seek monetary damages for their loss.

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What Is a Wrongful Death Claim?

Wrongful death claims are legal lawsuits brought by the survivors or immediate family members of someone who died due to someone else’s carelessness or wrongdoing.

The law permits the deceased’s family members to initiate a wrongful death action seeking financial compensation in these situations. Wrongful death lawsuits serve to compensate families who relied on the bereaved for both emotional and financial support.

A car accident that happened because someone else was exceeding the speed limit or driving under the influence is commonly the subject of wrongful death cases. Medical negligence lawsuits and dangerous purposeful activity or criminality that ended in death are further examples.

A wrongful death lawsuit differs significantly from criminal prosecution. A criminal case is where a guilty verdict leads to criminal charges, including probation, time in jail, and other punishments. A wrongful death suit, on the other hand, is limited to monetary damages.

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Types of Damages That Can Be Claimed After a Wrongful Death

After a family member’s death, many expenses often follow, which can be filed as wrongful death damages. Damages are the items that you can recover compensation for after a fatal accident.

While a personal injury lawyer can help you determine the specific amount of your wrongful death claim, damages generally fall into two main categories: economic and non-economic damages.

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Economic Damages

The financial expenses sustained due to a loved one’s death are referred to as economic damages. These damages may often be calculated easily. Economic damages include costs that were incurred directly due to the accident, such as:

• Medical expenses from the accident
• Funeral and burial expenses
• Economic loss of the decedent’s current and future wages, as well as any inheritance they would have received

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Non-Economic Damages

Non-economic damages, unlike monetary expenses, may be more challenging to measure. They include the emotional damages that a family experiences for losing a family member’s support and affection, companionship, advice, and intimate relationships that are lost due to someone else’s recklessness or wrongful behavior.

This can also include the suffering and mental anguish caused by the loss. Because these damages are hard to quantify, it is essential to contact an experienced wrongful death attorney.

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Punitive Damages

Punitive damages are a third type of damage that can be added to some wrongful death cases, but not all. Fatal accidents that were caused by intentional, reckless, or grossly negligent actions allow the family member to also seek compensation for punitive damages. This is monetary compensation to punish the at-fault party for their actions.

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The Importance of a Wrongful Death Attorney

Dealing with the unexpected death of a loved one is never easy. It can be even more difficult knowing that their death may have been preventable. Our firm understands that families may experience financial challenges without the assistance of the bereaved, in addition to feeling the emotional sorrow of losing a loved one. A wrongful death settlement may be able to assist in alleviating this financial burden.

We know that things may be overwhelming for you in this time, but ultimately, teaming up with an attorney can help you by providing:

• Legal knowledge about wrongful death cases
• Negotiating skills
• Focus and dedication to justice
• Commitment to securing your compensation
• Motivation to proceed through the grieving process
• Free consultation

Most states allow the bereaved family members to file a wrongful death lawsuit against the negligent party to claim compensation for their loss.

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What to Expect from Us

Investigating Your Loved One’s Death

In certain circumstances, it may be simple to determine a wrongful death. For example, a drunk driver hits an oncoming driver head-on causing a fatal accident. In this case, it is clear who is at fault, and why the deceased has passed.

But in other wrongful death claims, it can be difficult to tell what really happened. For example, in delayed diagnosis causing wrongful death, there are many more questions that will come up to prove fault. Wrongful death lawyers also investigate when a responsible individual or entity attempts to hide or deflect responsibility in order to avoid accepting any blame.

A wrongful death lawyer can analyze the situation and determine what transpired in order to prove the wrongful death claim. This allows them to seek justice for the deceased’s family.

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Providing Legal Counsel

The laws governing wrongful death cases differ from one state to the next. You may not be able to claim damages depending on the area or state in which you live.

• In certain areas, the ability to claim is limited to close family members.
• Extended families and even non-relatives are allowed to file wrongful death lawsuits in some states.
• Family members may not be allowed to take legal action at all in some states. Instead, only the deceased person’s personal representative of the estate is allowed to initiate a wrongful death lawsuit.

States also have different statutes of limitations. This is the time frame after a person’s death that wrongful death claims may be made. Even if you have a valid wrongful death claim, if you do not file the claim within the allotted time, you can lose your right to pursue the claim.

The statute of limitations may be extended in certain situations, but it is best to have a lawyer review your case as soon as possible to avoid missing the deadline. A wrongful death lawyer knowledgeable about your state’s wrongful death law can clarify your legal rights.

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Calculating the Damages

Every case is different and has its own facts and circumstances. Therefore, it can be incredibly difficult to calculate damages and negotiate a settlement without the help of an experienced wrongful death attorney.

While economic damages, such as the funeral costs, may be easy to calculate, non-economic damages, such as the pain and suffering you experienced, may not be as easy to determine. Insurance companies will try to offer the minimum amount possible, but Matthew Mendoza Trial Attorneys is there for families of wrongful death victims helping to convey the magnitude of their loss.

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Settlement or Trial

Mendoza Law Firm

Mendoza Law Firm and their legal team can examine all the necessary information and establish a reasonable amount of compensation for your wrongful death claim. Your lawyer will file a wrongful death claim on behalf of the surviving family members and try to reach a settlement or stay with the case through trial.

While many civil matters are resolved through settlements, there are situations when the parties are unable to reach an agreement. If this occurs, a lawyer may file a wrongful death suit and have a jury decide whether you deserve to be compensated and how much you will receive.

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Ready to Help You

There are many aspects to a wrongful death case, and no one is better equipped to handle them than Mendoza Trial Attorneys. If you’ve recently lost someone at the hands of another, our legal team is here for you.