Dealing with the loss of a loved one is an incredibly difficult and emotional experience. When that loss is due to someone else's negligence or wrongful actions, the pain can be even greater. In such cases, it may be possible to pursue damages through a wrongful death lawsuit.
At Butwinick Injury Law, we understand the challenges that come with seeking justice and compensation for a wrongful death. In this article, we'll explore the legal concept of wrongful death, what damages may be sought in a wrongful death case, and how an experienced attorney can help guide you through the process.
What is Wrongful Death?
Wrongful death is a legal term used to describe a death that occurs as a result of someone else's negligence, recklessness, or intentional actions. In such cases, the surviving family members or loved ones of the deceased person may be able to file a wrongful death lawsuit against the responsible party.
It's important to note that wrongful death cases are civil lawsuits, rather than criminal cases. This means that the goal of a wrongful death lawsuit is not to punish the responsible party through imprisonment or other criminal penalties, but rather to seek compensation for the losses suffered by the deceased person's family members.
What Damages Can Be Sought in a Wrongful Death Case?
Damages in a wrongful death case are meant to compensate the surviving family members for the losses they have suffered as a result of their loved one's death. These damages can include both economic and non-economic losses.
Economic damages may include things like medical expenses, funeral and burial costs, lost income, and other expenses related to the deceased person's final expenses. Non-economic damages may include things like loss of companionship, emotional distress, and pain and suffering.
In some cases, punitive damages may also be awarded. Unlike economic and non-economic damages, which are intended to compensate the family members for their losses, punitive damages are meant to punish the responsible party for their wrongful actions and to deter similar behavior in the future.
How Can an Attorney Help in a Wrongful Death Case?
Navigating the legal process of a wrongful death lawsuit can be overwhelming, especially for those who are still grieving the loss of a loved one. An experienced attorney can help guide you through the process, from the initial investigation and filing of the lawsuit to negotiating a settlement or litigating the case in court.
- An attorney can also help to establish liability for the wrongful death, which is a key component of any successful wrongful death case. This may involve gathering evidence, interviewing witnesses, and working with experts to build a strong case.
- Additionally, an attorney can help to calculate the damages that may be sought in the lawsuit. This can be a complex process, as it may involve projecting future lost income, estimating the cost of medical care that would have been needed if the deceased person had survived, and evaluating the impact of the loss on the surviving family members.
- Finally, an attorney can help to negotiate a settlement with the responsible party or their insurance company, or to litigate the case in court if a fair settlement cannot be reached. In either case, having an experienced attorney on your side can help to ensure that your rights are protected and that you receive the compensation you deserve.
At Butwinick Injury Law, we understand the devastating impact that a wrongful death can have on a family. If you have lost a loved one due to someone else's negligence or wrongful actions, we are here to help you seek justice and compensation for your losses. Contact us today to schedule a free consultation and learn more about how we can assist you in your wrongful death case.