Establishing Liability in Wrongful Death Cases
By Saunders Law Group on April 04, 2018
The attorneys at The Saunders Law Group know how hard it is to lose a family member to an accident. When the accident is caused by the intentional or negligent acts of a third party, those left behind have certain rights. Initiating a lawsuit against the responsible party may not be the first thing on your mind when your loved one dies at the hands of another, but aggressive pursuit of all you deserve can ease the financial burdens associated with making final arrangements and adjusting to the loss of income.
A wrongful death case is designed to protect the family left behind by doing just that; providing compensation for the loss of income and costs of burial and medical expenses. The first step to making a claim is to establish liability for the accident.
Establishing liability in wrongful death cases requires a careful examination of how the accident happened, and identifying actions that could have been taken to avoid the circumstances. This requires showing the negligent party owed your loved one a duty or certain standard of care, and that level of responsible behavior was breached. Contact The Saunders Law Group in Bartow, FL to find out if you have a case.
Types of Wrongful Death Cases
Any time the negligent or intentional actions of another results in a death, the culpable party can be charged with wrongful death.
Common types of wrongful death cases include:
- Car accidents
- Construction site accidents
- On the job injuries
- Medical malpractice and surgical errors
- A birth injury
- Trucking or heavy machinery accidents
These types of incidents are all good examples of how a death can result from an accident. It is not unusual for a victim of a car accident to suffer fatal injuries. A wrongful death may also occur when workplaces are not safely secured or a doctor commits malpractice by misdiagnosis or during surgery.
The families in these circumstances have the right to hold the negligent party responsible, and the best way to do that is to file a wrongful death action that outlines how the death occurred. Pinpointing the cause of the accident and providing evidence regarding how the accident could have been avoided are key components to every wrongful death case.
Our experienced personal injury and wrongful death attorneys draw out the facts necessary to establish liability, and then engage in the aggressive pursuit of maximum recovery.
Damages in Wrongful Death Cases
The damages available to loved ones include loss of income, payment of medical costs associated with the accident, pain and suffering, and expenses needed to make final arrangements for the deceased.
Awards vary depending on the relationship to the decedent. A spouse typically may ask for compensation for loss of companionship and income, while children can also claim loss of the parental relationship and financial support. Most cases involve making a case for the needs of each family member and quantifying that need with a dollar figure. No two cases are alike, and your matter will be given the individualized attention it deserves.
Where to Turn for Help With a Wrongful Death Case
If you have lost a loved one in an accident, call The Saunders Law Group. We have experience helping families seek damages for their losses and demand full and fair compensation. Contact us online or call our office at (863) 533-6200.
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