Losing a loved one is a devastating experience. When that loss is caused by the wrongful conduct of another person, it can feel even more unbearable. In wrongful death cases, a family faces not only the emotional trauma of losing someone they care about deeply, but also the financial burden that can follow a loved one’s death. While no legal action can fully compensate for the loss of a family member, pursuing a wrongful death claim can provide families with a sense of justice and the financial resources they need to move forward.

At Gunn | Slater, we understand the emotional and financial toll that wrongful death cases take on families. If you have lost a loved one due to someone else’s negligence, recklessness, or intentional wrongdoing, you may be entitled to compensation. We are here to help you navigate the complex legal process, advocate on your behalf, and seek justice for your loved one.

What is Wrongful Death?

Wrongful death refers to a death that is caused by the negligent, reckless, or intentional actions of another person, entity, or party. While no amount of money can replace the loss of a loved one, the law provides a legal framework to hold those responsible accountable. Wrongful death claims are typically brought by the surviving family members of the deceased, such as spouses, children, or parents, who suffer financial, emotional, and psychological harm as a result of the death.

These claims can arise from a wide range of situations, from car accidents to medical malpractice to workplace accidents. The key factor in wrongful death cases is that the death was caused by someone’s actions or failure to act in a reasonable manner. If you believe your loved one’s death resulted from wrongful conduct, it is crucial to contact a qualified attorney to assess your case and determine your legal options.

Types of Wrongful Conduct That Can Lead to a Wrongful Death

A wrongful death can result from a variety of circumstances, and the specific type of wrongful conduct involved will influence the legal approach taken. Some of the most common types of wrongful conduct that can lead to a wrongful death claim include:

Motor Vehicle Accidents

Motor vehicle accidents are one of the leading causes of wrongful death. Negligent drivers who fail to follow traffic laws, drive under the influence of alcohol or drugs, speed, or drive distracted can cause fatal crashes. In such cases, the deceased’s family may have grounds for a wrongful death claim against the at-fault driver or their insurance company.

Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in harm or death to a patient. Errors such as misdiagnosis, surgical mistakes, medication errors, or failure to monitor a patient’s condition can all lead to fatal consequences. If a medical provider’s negligence led to the death of your loved one, you may have a valid wrongful death claim.

Product Liability

When a defective product causes death, the manufacturer, distributor, or retailer may be held responsible through a wrongful death claim. Defective car parts, dangerous medical devices, and poorly designed household products can all cause fatal injuries. If your loved one’s death was caused by a defective product, you may be entitled to compensation.

Criminal Acts

In some cases, a wrongful death may result from intentional harm, such as murder or assault. While criminal cases are prosecuted by the state, families can also pursue civil wrongful death claims against the person responsible for the death. In cases of intentional harm, families may be able to recover damages for their loss.

Nursing Home Abuse or Neglect

Nursing home abuse or neglect can lead to fatal injuries in elderly patients. Physical abuse, inadequate care, medication errors, and neglectful behavior can all contribute to a wrongful death in a nursing home setting. If your loved one died due to neglect or mistreatment in a care facility, you may have grounds for a wrongful death claim.

The Damages in a Wrongful Death Case

When pursuing a wrongful death claim, the family of the deceased may be entitled to various types of damages to compensate for their loss. These damages can be classified into two main categories: economic damages and non-economic damages.

Economic Damages

Economic damages are intended to compensate for the financial losses the family has experienced as a result of the death. These damages can include:

Medical Expenses: If the deceased received medical treatment prior to their death, the family may be able to recover the cost of those medical bills, including hospital stays, surgeries, and medications.

Funeral and Burial Costs: Funeral and burial expenses can be significant, and families are entitled to seek compensation for these costs in a wrongful death claim.

Loss of Income: If the deceased was the primary wage earner for the family, their death can result in a significant loss of income. Families can seek compensation for the lost wages the deceased would have earned over their lifetime, as well as lost benefits, such as healthcare and retirement contributions.

Loss of Future Financial Support: In addition to the income the deceased would have earned, families may be entitled to damages for the future financial support the deceased would have provided, including contributions to household expenses, children’s education, and savings.

Non-Economic Damages

Non-economic damages are designed to compensate for the emotional and psychological toll the death has taken on the surviving family members. These damages can include:

Loss of Companionship: Surviving spouses and children may experience profound emotional pain and suffering as a result of losing a loved one. Non-economic damages can compensate for the loss of companionship, love, affection, and moral support.

Loss of Parental Guidance: If a child loses a parent, or if a spouse loses their partner, the surviving family members may be entitled to damages for the loss of guidance, advice, and emotional support that the deceased would have provided.

Pain and Suffering: In some cases, the deceased may have suffered before their death, and their family may be entitled to compensation for the physical and emotional pain the deceased endured prior to passing.

Mental Anguish: The trauma and grief experienced by the surviving family members can be devastating. Non-economic damages aim to provide compensation for the emotional distress caused by the wrongful death.

The Importance of Hiring a Skilled and Compassionate Trial Attorney

Wrongful death claims are often complicated, requiring legal expertise, in-depth knowledge of state laws, and the ability to handle sensitive, emotional issues. It is crucial to have an experienced trial attorney by your side who not only understands the law but also recognizes the emotional distress that your family is experiencing.

A skilled wrongful death attorney will:

Investigate the Case Thoroughly: The lawyer will conduct a thorough investigation into the cause of the death, gather evidence, and interview witnesses to build a strong case.

Handle the Legal Process: Wrongful death claims involve navigating complex legal procedures, including filing the lawsuit, negotiating with insurance companies, and preparing for trial, if necessary. A skilled attorney will handle all aspects of the case to ensure that you can focus on grieving and healing.

Advocate for Fair Compensation: A compassionate and experienced attorney will fight for the compensation you deserve. They will ensure that all economic and non-economic damages are accurately calculated and will negotiate with insurance companies or opposing counsel to secure a fair settlement.

Provide Emotional Support: Dealing with a wrongful death case can be emotionally draining. A caring attorney will offer support and reassurance, helping you navigate the legal process while respecting the emotional complexity of your situation.

Special Circumstances That Arise From the Loss of a Loved One

The death of a loved one can create significant challenges for the surviving family members. The loss of a spouse or parent can lead to profound emotional and financial hardships, as well as shifts in the family dynamic. Some of the special circumstances that can arise following the wrongful death of a loved one include:

Loss of Income and Financial Security

The death of the primary wage earner can leave the surviving family members struggling to maintain their standard of living. Without the income of the deceased, families may be unable to cover basic living expenses, pay bills, or meet financial obligations. In such cases, a wrongful death lawsuit can provide critical compensation to help replace the lost income and maintain financial stability.

Loss of a Spouse

The loss of a spouse can have a profound emotional and financial impact. Surviving spouses often face not only the emotional grief of losing their partner but also the financial strain of managing household responsibilities, raising children, and planning for the future alone. A wrongful death claim can help alleviate some of the financial burdens caused by the loss.

Impact on Children

Children who lose a parent due to wrongful death face not only emotional trauma but also the loss of guidance, care, and financial support. The surviving parent may struggle to fill both parental roles, and the children may face significant changes in their lifestyle, education, and future opportunities. In such cases, compensation for the loss of parental guidance and financial support can be crucial for the children’s well-being.

Family Cohesion

The loss of a loved one often disrupts family dynamics. Family members may experience feelings of confusion, isolation, or anger as they navigate their grief. The financial and emotional burdens can also create tensions between family members. A wrongful death claim can help mitigate some of these challenges, providing the family with the resources they need to move forward while also holding the responsible parties accountable.

Conclusion

The wrongful death of a loved one can have far-reaching consequences that extend beyond the emotional grief and loss. The financial impact, especially in cases where the deceased was the primary wage earner, can leave families struggling to make ends meet. Pursuing a wrongful death claim can provide families with much-needed compensation to cover medical expenses, funeral costs, lost wages, and the emotional toll of their loss.

If you are considering pursuing a wrongful death claim, it is important that you work with a caring, experienced trial attorney who will fight for justice on your behalf. At Gunn | Slater, we are committed to providing compassionate legal support and expert advocacy to families who have lost a loved one due to wrongful conduct. Contact us today to discuss your case and learn more about how we can help you seek justice and compensation during this difficult time.