Losing a family member is heartbreaking. In addition to the grief a family must endure after the loss of a loved one, finances can also be thrown into disarray, especially if the lost loved one was the provider for the family.
Although a lawsuit may be the last thing on your mind after losing your loved one, a wrongful death lawsuit is an important avenue to consider pursuing if you believe your loved one’s occurred due to the negligent actions of another.
Wrongful deaths can happen in the workplace, auto accidents, during surgery or from other medical complications, and more. And through a wrongful death lawsuit, your family may be able to receive compensation for lost and future income, medical expenses, and funeral expenses, as well as hold the negligent party responsible for their reckless actions.
Ben Crump and his associates recognize the difficulty of coping after losing a loved one, and his team works to help surviving family members and loved ones recover from an incident by seeking justice.
Mr. Crump has worked on several famous cases incorporating wrongful death, like the death of Trayvon Martin and ongoing litigation regarding Michael Brown’s death in Ferguson. If you’ve lost a loved one unexpectedly and you suspect another’s negligence is to blame, Mr. Crump is ready to help. Contact our offices today for assistance.
What Does a Wrongful Death Lawsuit Look Like?
A wrongful death lawsuit is a civil action undertaken by the survivors of a loved one who suffered because of the negligence or poor conduct of another. Survivors, or “distributees,” can claim negligence and file a wrongful death lawsuit, which is designed to provide you with a level of financial support following the death of a loved one.
Negligence refers to a person’s failure to behave like a reasonably careful individual. This could mean anything from failing to see a change in a person’s condition or neglecting a part of property that poses danger to patrons, employees, or invitees.
Wrongful deaths occur in a variety of circumstances, particularly:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Workplace accidents like falls or electrocutions
- Mesothelioma from asbestos exposure, or other diseases traced to a specific source
This list isn’t exhaustive. It’s also important to remember that wrongful deaths, like many civil suits, face a statute of limitations. This statute of limitations changes from state to state. It’s important to retain an attorney as quickly as possible if you believe your loved one passed because of another’s negligence.
How Are Damages Calculated in a Wrongful Death Lawsuit?
The level of financial damage you can recover depends on your relationship to the deceased. Each individual has the potential to receive judgment with benefits tailored to their losses.
- Spouses: A spouse is entitled to compensation for the lost wages, companionship, and protection from their loved one, as well as mental anguish. This deprivation of benefits is typically referred to as a loss of consortium.
- Children: Children are entitled to damages related to the loss of a parent, including companionship, guidance, instruction, and mental pain and suffering.
- Parents: Parents may receive compensation for the loss of their children, generally for mental pain and suffering. These damages may be compounded if there are no surviving children.
Any surviving family members or other dependents on the deceased may recover the support and services lost from the “decedent,” including expected future assistance. You can also recover medical and funeral expenses from a negligent party.
Additionally, a court may choose to impose punitive damages, especially in cases when the defendant’s conduct was particularly reckless or willfully dangerous. These type of damages emphasize punishing the offending party, and discourage others from similar negligence.
How Can Ben Crump Help Me?
No pain compares to the loss of a loved one. You shouldn’t have to face that alone. Mr. Crump has a wealth of experience working on wrongful death cases, particularly at the intersection of civil rights. He’ll pursue justice for your loved one, and work to get you the closure you need.
Mr. Crump and his associates will investigate your claim, determine liability, and fight for you. Let us help you in your time of mourning. Contact Ben Crump today for a free case review, and begin the path to recovery.