Fatal Injury Lawyer

The most common wrongful death claims are tied to incidents such as car accidents, medical malpractice, or targeted harmful acts.

The family members of the deceased – including spouses, children, parents, grandparents, and siblings – can file a wrongful death claim. This is regardless of financial dependency.

A wrongful death claim is to seek compensation for the emotional and financial impact of having lost a loved one.

When someone has passed away, for surviving family members, this is often a time of crisis. They’re stressed from having unexpectedly lost a loved one, there is a financial strain from a loss of income, and they’re coming to terms with having lost the companionship and care of that person.

For a wrongful death lawyer, their role is to help the surviving family make their way through the confusion and loss, and ensure their rights are respected.

When you connect with a lawyer at Joshua Goldberg Law, we can assist with connecting you to grief and relationship counseling, guide legal proceedings, and coordinate all the details and paperwork involved with filing a wrongful death claim.

As difficult as it can be to manage a wrongful death claim as you’re recovering from what is likely a very traumatic experience, personal injury lawyers will ensure you can carry on without sacrificing your rights, benefits, and rightfully owed compensation.

While the pain and grief of a death cannot be undone, compensation can alleviate some of the burdens left behind with your personal loss.

In a case such as a car accident, financial damages are covered by the at-fault driver’s insurance company. If there is a person responsible for the injuries that led to death, you can also hold them personally accountable for damages.

Depending on the circumstances, other third-party individuals may be able to be held liable in a wrongful death claim.

Wrongful death cases can occur from a variety of circumstances, accidents, and hazards.

• Car accidents and traffic accidents are a leading cause of personal injury cases involving fatalities.
• Slip-and-fall accidents are another source of fatal accident claims, affecting predominantly the elderly.
• Occupational hazards can lead to fatal accidents, especially in high-risk industries or companies wherein there is a lack of reinforced safety protocols, equipment malfunction, and human error.
• Drowning accidents can result in a fatality due to insufficient supervision.
• Fires caused by electrical faults, cooking accidents, or negligence can mean fatal accidents for some.
• Medical errors or negligence are also known to cause fatal accidents, often through misdiagnosis, medication errors, surgical mistakes, or inadequate patient care.

The emotional impact of such a death is a shock that can take years for some family members to overcome.

Add to that having to navigate a future with less income, along with the immediate expenses of a funeral, counseling, and more. If the deceased was a wage earner, that is income you no longer have. You may require help that is unavailable without compensation, such as housekeeping, childcare, and income replacement from having to take extended time off work to recover and heal.

In addition to filing within the specified time limits, a wrongful death claim must be structured in a way that proves that negligence was involved. It must establish clearly that the death is tied to the circumstances proposed.

A wrongful death lawsuit has to prove three things:

• The defendant owed the victim a duty of care.
• The defendant failed to provide a duty of care.
• The failure directly or indirectly resulted in the victim’s death.

At this point, it must be proven that the death has either caused the family of the deceased to suffer financially or that it will cause them to bear a financial burden.

An insurance company will launch and complete its own investigation pertaining to any wrongful death claim.

From there, if they do not advocate for a dismissal, they will likely try to negotiate a settlement offer. It’s best not to jump at the first offer. Many negotiation strategies can be used by your personal injury lawyers to ensure the compensation is fair, from emphasizing the emotional points of the case to referring to the calculations, gathering and reviewing evidence, and supporting every statement with documentation and legal precedents.

As an insurance company is trying to reduce the amount they have to pay out, having a skilled negotiator there is key.

In addition, they will evaluate your case to determine if a wrongful death claim can be made, which is a civil action totally separate from any criminal charges applied to the circumstances. To be entitled to wrongful death compensation, your case must meet a specific set of requirements. Your legal representation will ensure your claim is built accordingly.

As many wrongful death claims are settled out of court, it is imperative you choose the right fatal injury lawyer to represent you.

A wrongful death settlement and the compensation that follows can provide financial relief in the hopes of making life a little easier.

If a significant financial burden has been left, a settlement can help to cover it. If the victim’s income was required to help support the family and they are no longer contributing, compensation from a settlement can aid with that as well.

It’s not the relief a grieving family deserves but it’s something that can provide assistance in making it through a very difficult loss.

It is our goal as personal injury lawyers specializing in these types of claims to ensure our clients can focus on their emotional recovery while we handle the legal complexities of fighting for the compensation they rightfully deserve.

Reach out to Joshua Goldberg Law to find out how you can file a wrongful death claim. We will review your unique circumstances with you and advise on how to move forward with regard to filing a claim for compensation.

Move forward with the right supports in place. Heal and recover while our team takes care of the legal work.