Hundreds of Millions of Dollars Have Been Recovered for Personal Injury and Wrongful Death Victims
What Is a Wrongful Death Case, and How Is It Different from Other Kinds of Death?
This is a question we get asked all the time, and it’s a very important one. Losing someone you love is one of the hardest things in life. But when that loss happens because of someone else’s carelessness, it feels different. It’s not just sadness; it’s also a deep sense of injustice.
A “wrongful death” is when a person dies because of the wrongful act, negligence, or fault of another person. It’s the law’s way of saying that a person’s life was taken away because of a mistake that shouldn’t have happened.
The best way to think about it is this: a wrongful death case is not about criminal punishment. It’s about civil justice. It’s about getting the family of the person who died the financial support they need to move forward, and holding the person who caused the death responsible for their actions. It’s about getting justice and making things right for the family left behind.
What are the leading causes of Wrongful Death?
Wrongful death can happen in many different ways. For over twenty years, The Killino Firm has been a pillar of strength for families shattered by wrongful death.
Here are a few examples of the most common types:
These are just a few examples. The point is, a wrongful death case is about holding people and companies accountable when their careless actions cause the death of another person. It’s about making sure the same mistake doesn’t happen again.
What Are Some of the Hidden Statistics About Wrongful Death That Nobody Talks About?
When you hear about an accident, you probably don’t think about the long-term impact on families. But the numbers are pretty eye-opening. A lot of people don’t realize how common some of these issues are.
For example, did you know that motor vehicle accidents are the leading cause of wrongful death for people between the ages of 1 and 54 in the United States? That’s according to data from the Centers for Disease Control and Prevention. This is a very surprising fact for a lot of people. It shows that car accidents near me are not just a problem; they are, at best, a public health crisis.
Another stat that is not widely discussed is how many workplace deaths are preventable. The Occupational Safety and Health Administration (OSHA) reports that about 4,000 workers die on the job each year, and many of these deaths could have been prevented if safety rules were followed. This is a sad and very shocking number.
What’s even more upsetting is that for every wrongful death, there is an entire family left behind to deal with the pain. The financial impact can be devastating. A study from the National Safety Council found that the average cost of a fatal motor vehicle crash, including medical costs and lost wages, can be millions of dollars. This is money that families often don’t have. This is why a wrongful death lawsuit is so important. It’s the only way to get the best families the financial security they need after such a loss.
What is a wrongful death act, and how does it affect a lawsuit?
A wrongful death act is a law in a state that allows a person’s family to file a lawsuit for money if their loved one died because of another person’s wrongful act or carelessness. Without this kind of law, a family often wouldn’t have the legal right to sue for the death of a family member because wrongful death was not recognized in common law. It gives the family the ability to seek justice and receive financial assistance for their loss.
How It Affects a Wrongful Death Case
A wrongful death act is the very foundation of a wrongful death case. The act sets up all the rules for the lawsuit. For example, it explains who can sue. In most states, only the immediate family, such as a spouse, children, or parents, can file the lawsuit. The law also explains what a family can get from the lawsuit. It’s not usually about punishing the person who caused the death; it’s about helping the family. The money is intended to cover things like medical bills, funeral costs, and the income the person would have earned. It can also cover things that are harder to measure, like the loss of companionship and emotional support.
The law also sets a strict Statute of Limitations. This is the deadline for when the lawsuit must be filed. This is one of the most important parts of the law, because if you miss the deadline, you lose your right to sue forever. Every wrongful death lawsuit must follow the specific rules in its state’s wrongful death act. It’s a key piece of law that ensures a family has a path to justice after a devastating loss.
What Are the Long-Term Effects of a Wrongful Death on a Family?
When a wrongful death happens near me, it’s not just a sad time; it’s a life-changing event. The family is left with more than just emotional pain. They also have to deal with a substantial financial burden.
If the person who died was a provider for the family, they might suddenly have no way to pay for things like:
Beyond the money, the emotional toll is even greater. The loss of a loved one can cause depression, anxiety, and other serious emotional problems. This is why the law often allows families to seek compensation, not just for money but also for things like:
A wrongful death lawsuit is the best way for a family to get a sense of justice and get the financial help they need to move on. It’s about holding the person who caused the death accountable.
Why is it So Important to Act Quickly in a Wrongful Death Case?
After a loved one’s death, the last thing you want to do is talk to a lawyer. We understand that. But in a wrongful death case, time is critical. The law has a strict deadline called the “Statute of Limitations.” This is a deadline for when you can file a lawsuit. If you miss this deadline, you lose your chance to file a lawsuit forever.
The deadline can be different depending on where you live and the details of your case. This is why it is so important to contact our lawyers as soon as you can. When you hire us, we can:
If you are looking for a wrongful death lawyer near me, we are here to help. The sooner you call us, the better.
How The Killino Firm Is Different: Our Commitment to Families
There are numerous law firms out there, but our approach is unique. We don’t just see you as a case; we see you as a family who is hurting. We’ve been helping families for over 20 years, and we know how to handle these kinds of cases.
Our team has the experience and resources to take on the biggest companies and insurance companies. We don’t back down. We are relentless in our pursuit of justice for our clients. We have a powerful track record of getting families the justice and compensation they deserve.
We also believe in transparency. We will be with you every step of the way, explaining everything in a way that is easy to understand.
Key Takeaways
Top Resource Groups for Survivors of Wrongful Death
A wrongful death case is a civil lawsuit filed when a person dies due to the carelessness or negligence of another. Unlike a natural death, a wrongful or accidental death is one that could have been prevented if the at-fault party had acted responsibly. It’s a legal way of saying that a person’s life was taken away because of a mistake that shouldn’t have happened. The lawsuit aims to hold individuals and companies accountable for their actions and provide justice to the family left behind.
Yes, in cases where the at-fault party acted with extreme recklessness or malicious intent, a wrongful death lawsuit in some venues can seek what are called punitive damages. Unlike compensatory damages, which are meant to reimburse a family for their losses, punitive damages are specifically designed to punish the wrongdoer for their outrageous conduct and to deter others from similar behavior. It’s a way for the justice system to send a powerful message that such actions will not be tolerated.
Reckless conduct goes beyond simple negligence. While negligence is a failure to exercise reasonable care, reckless conduct is a conscious and deliberate disregard for the safety of others. For example, a driver who carelessly runs a red light is negligent. A driver who speeds at 100 miles per hour through a crowded city street while intoxicated is acting with reckless conduct. This type of behavior demonstrates a complete disregard for human life and is often the best basis for seeking punitive damages.
Compensation in a wrongful death case covers both financial and non-financial losses. Economic damages can include medical and funeral expenses, lost income the deceased would have earned, and the value of services they would have provided. Non-economic damages include the loss of companionship, comfort, and guidance. In cases of reckless conduct, a family can also seek punitive damages, which are awarded to punish the defendant and set a public example.
Punitive damages are not available in every wrongful death case. They are typically sought in cases where the defendant’s conduct was particularly shocking or egregious. Common examples include deaths caused by a drunk driver, a doctor who demonstrates egregious conduct beyond medical negligence, or a company that knowingly and recklessly puts a dangerous or defective product on the market. In these situations, the at-fault party’s actions show a willful disregard for the safety of others, justifying the need for punishment.
When a person dies, the surviving family often faces a substantial and unexpected financial burden. A wrongful death lawsuit is designed to provide compensation to cover both immediate costs, like medical bills and funeral expenses, and future losses, such as the income the deceased would have earned. By holding the at-fault party accountable, the lawsuit ensures the family has the best financial security needed to cope with their loss and rebuild their lives.
Generally, a wrongful death lawsuit can be filed by the personal representative of the deceased person’s estate on behalf of the surviving family members. This typically includes a spouse, children, and parents. In some jurisdictions, other relatives may also be eligible to file. The specific family members entitled to compensation can vary based on state laws, so it’s essential to consult with our experienced legal team to determine eligibility.
Time is a critical factor in a wrongful death case. Every state has a legal deadline, known as the “Statute of Limitations,” for filing a lawsuit. If you miss this deadline, you may lose your right to seek compensation forever. Acting quickly also allows your legal team to gather vital evidence, such as witness statements, police reports, and medical records, before it is lost or destroyed. Starting the process early is the best way to build a strong, successful case.
The process begins with a free consultation with our experienced legal team to discuss your case and understand your legal options. Once you decide to move forward, our legal team will conduct a thorough investigation, gather evidence, and file the lawsuit. After that, there is a period of “discovery,” where both sides exchange information. While most cases are settled before trial, your legal team will be prepared to go to court to fight for the justice you deserve.
Our strategic approach leverages trial preparation to maximize settlement value. While the vast majority of wrongful death claims are resolved through negotiation, it is our firm’s readiness to go to court that compels defendants and their insurers to offer a full and fair settlement, allowing your family to avoid a lengthy trial.
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