What Are Common Wrongful Death Claims?
April 17, 2019 | Wrongful Death
There are many different ways that a fatal accident can happen, but there are some that are more likely than others. Car accidents, truck accidents, and medical malpractice accidents are the most common types of wrongful death claims and can be caused by a variety of negligent behaviors. With so many different opportunities for an accident to happen and countless types of negligence, it can leave a victim’s family members confused and unsure how to proceed with a wrongful death claim. An experienced wrongful death lawyer can analyze the victim’s case, develop a personalized plan based on the most common wrongful death claims, and offer support to the victim’s surviving family members during the wrongful death process.
What is Included in a Wrongful Death Claim?
If a person dies in a car accident, is the victim of medical malpractice, or is killed in some other way because of another person’s negligence, the victim’s immediate family members could be eligible to file a wrongful death claim to recover damages. Typically, wrongful death claims include elements such as evidence from the accident, proof of the victim’s death and the responsible party’s negligence, and proof that the victim’s immediate relatives are suffering a loss of income or other consequences as a result of the accident.
The most successful wrongful death claims share the same vital elements such as being supported by significant evidence from the victim’s accident and filed with the help of an experienced lawyer. It’s crucial to consult a lawyer about your case because a wrongful death lawyer can help gather evidence to support the deceased victim’s case, file a compelling claim, and allow you and your family members to focus on grieving the loss of the victim while they negotiate the highest settlement for your wrongful death claim.
What is the Process for a Wrongful Death Claim?
Once a wrongful death claim is submitted by the immediate family members of a victim, the insurance company of the other person can either choose to accept or deny your claim. If the claim is accepted, your lawyer can use mediation and negotiation to recover the most damages for the victim’s pain and suffering. This process generally takes a matter of months, but if the insurance company denies your claim and your lawyer believes that your case is entitled to recover damages, they might suggest filing a wrongful death lawsuit to obtain compensation.
Most wrongful death cases are settled outside of court, but with more severe accidents a lawsuit can increase the chances of obtaining a higher settlement. However, filing a lawsuit should only be an option if your lawyer believes that your case will win in court. If a case is taken to court, but there is even the slightest chance that it could lose, you risk recovering a much lower settlement, or in extreme cases, not recovering damages at all. Having an experienced lawyer by your side provides a personalized wrongful death plan for your case and ensures that the best possible steps are taken during the process.
Common Wrongful Death Lawsuits
The legal system is complex and can be difficult to understand without adequate legal knowledge. There are dozens of laws and regulations in place to protect U.S. citizens if a sudden and terrible accident happens. For example, if a construction worker is killed on the job, federal agencies such as the Occupational Safety and Health Administration (OSHA) exist to raise awareness of this common cause of death and offer support to the immediate family members of victims during this difficult time. In 2017 alone, 5,147 workers were killed on the job.
Similarly, with motor vehicle accidents, the National Highway Traffic Safety Administration is a great resource for common motor vehicle wrongful death claims. In 2014, 32,675 people died in car accidents in the U.S., with the leading causes being speeding, drunk driving, and distracted driving.
The most common damages that are recovered for wrongful death claims are typically the same regardless of the causation. Whether you have lost someone because of medical malpractice, in a car or truck accident caused by another person, a workers’ compensation situation, or another type of negligence, a lawyer could help you recover the following damages:
- Reimbursement for medical bills that the victim faced before their death
- Lost income that your family has experienced because of the accident
- Funeral, burial, and other out-of-pocket expenses that stemmed from the tragic accident
- The mental, physical, or emotional distress that arose after losing the victim
- Property damage that was caused in the accident, such as to the victim’s vehicle or other personal property
When you consult an experienced wrongful death lawyer about the victim’s accident, they will assess the situation and determine which compensatory and potentially punitive damages you could be eligible to recover for the victim’s harm and your family’s tremendous loss.
Speak with a Lawyer About Your Wrongful Death Case Today
It is incredibly difficult to lose a family member because of another person’s negligence, and no one understands this better than a wrongful death lawyer. An experienced lawyer can draw inspiration from the most common types of wrongful death claims that they’ve represented to develop a personalized plan for your wrongful death case and provide some relief to your family knowing that everything possible is being done to recover the highest settlement for the deceased’s pain and suffering.
If you need a lawyer to help file a wrongful death claim after losing an immediate family member because of another person’s negligence, contact the Dixon Injury Firm today to discuss your case. Our Wrongful Death Lawyers provide free consultations and can offer insight on the most common wrongful death claims they represent to provide you and your family with some relief knowing that our lawyers have represented countless clients and are driven to produce the best results for your case.