Did You Lose a Loved One Because Of Someone’s Negligence?
Hire a Wrongful Death Attorney Rocklyn from McCrary Law Firm and Get Closure
Losing a loved one to age is inevitable. However, if they die because of an avoidable incident, frustration and anger are left in their place. Hiring a wrongful death attorney Rocklyn from McCrary Law Firm can help provide you closure the closure that you deserve. It will also ensure that the guilty party faces the consequences of their action.
Imagine getting a call from the police or a family member alerting you that a friend or relative died in a preventable accident. Going after the person who caused it can be futile. However, an attorney can hold the at-fault party accountable for their actions via a wrongful death claim.
Determining who is at fault in a wrongful death claim can be difficult. That's because it falls in the grey area between manslaughter and murder. To prove that negligence caused the death, you need to prove that the defendant had a duty of care to the plaintiff/victim.
Types of Wrongful Death Cases That You Can Sue For
Several factors and situations can cause wrongful death. The following are some of the most common that our firm has experience handling:
Most car accident fatalities result from a negligent driver who speeds, drives recklessly, drives under the influence, or takes their eyes off the road. In case they get into an accident and kill someone, they can be held liable in a wrongful death claim.
High-risk occupations such as construction jobs have higher workplace fatality rates. If an employee is placed in a dangerous situation by the employer which causes the former’s death, it is grounds for a wrongful death claim.
Even qualified and experienced medical practitioners can make mistakes. However, most of them happen when they cut corners. Wrongful death claims in medical malpractice cases involve condition misdiagnosis or the failure to diagnose a deadly condition. Surgical errors are also common causes of such cases.
Pedestrians don’t have any protection. No one steps out of their door expecting to get into an accident. If they get run over by a car that skipped the curb or because the driver was distracted, the driver can be charged with wrongful death.
Who Can File A Wrongful Death Claim?
Not just anyone can file a wrongful death claim on behalf of the deceased. Our wrongful death attorney Rocklyn will inform you which parties can do so:
The deceased individual’s surviving children.
The deceased individual’s domestic partner.
The deceased individual’s surviving partner.
In case the deceased does not have surviving family members or dependents, a wrongful death claim can be brought by anyone who is entitled to his/her property or estate.
Individuals who were financially dependent on the deceased can also bring a wrongful death lawsuit. These include:
The 'putative spouse' and his/her children.
The stepchildren of the deceased.
The parents of the deceased.
Types of Claimable Wrongful Death Damages
The type of wrongful death claim you can make depends on the facts of the case. Damages are divided to compensate for losses the surviving family members face. Some of them include:
Medical and hospital bills to treat the deceased before he/she succumbed to injuries.
Funeral and burial expenses.
Lost and potential lost income the deceased would have reasonably have earned if he/she had lived.
Loss of affection, guidance, moral support and love that the deceased provided.
A reasonable value of household services that would have come from the deceased if he/she had lived.