P&N BLOG | Understanding Wrongful Death Lawsuits

Losing a loved one is an unimaginable hardship, especially when their death is caused by someone else’s negligence or misconduct. In such cases, a wrongful death lawsuit can provide grieving families with the justice and financial compensation they deserve. At The Law Offices of Parente & Norem, we are here to help you navigate this challenging process.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action filed by the family or estate of a person who has passed away due to another party’s negligence, recklessness, or intentional misconduct. This legal process aims to compensate the deceased’s family for their loss, including:

• Medical expenses and burial costs
• Loss of income the deceased would have provided
• Pain and suffering endured by surviving family members

Who Can File a Wrongful Death Lawsuit?

In most cases, the personal representative of the deceased’s estate has the right to file a wrongful death lawsuit. A personal representative is often named in the deceased’s will or appointed by the court if no will exists. While this role is typically filled by a close family member, some states impose restrictions on non-family members serving as personal representatives. Be sure to consult local laws or seek legal advice to understand the rules in your jurisdiction.

Why You Need an Attorney for a Wrongful Death Case

Wrongful death lawsuits are complex, requiring a deep understanding of both the law and the specific circumstances of the case. Here’s how an experienced attorney can help:

• Navigating the legal process: Your attorney will guide you through each step, ensuring no critical detail is overlooked.
• Building a strong case: Attorneys know what evidence is needed; such as medical records, witness statements, or accident reports, and how to present it effectively.
• Maximizing compensation: A skilled lawyer will advocate for fair compensation, taking into account all damages and losses.

Types of Damages in Wrongful Death Cases

The compensation awarded in a wrongful death lawsuit often includes two primary categories of damages:

Compensatory Damages:

• • Funeral and burial costs
  • Medical expenses related to the accident or illness
  • Loss of income and financial support
  • Loss of companionship and emotional suffering

Punitive Damages: In cases involving gross negligence or intentional harm, courts may award additional damages to punish the at-fault party and deter similar behavior.

Preparing for a Wrongful Death Lawsuit

To build a strong case, it’s crucial to gather evidence promptly. This may include:

• Photos or videos of the incident
• Police reports or witness statements
• Medical and financial records

By acting quickly, you ensure that valuable evidence is preserved and the statute of limitations does not expire.

Choosing the Right Attorney for Your Case

Selecting the right attorney is a vital step in pursuing a wrongful death lawsuit. Here are some tips:

• Research thoroughly: Look for attorneys with proven experience handling wrongful death cases.
• Schedule consultations: Use these meetings to ask questions about their approach and track record.
• Read reviews and testimonials: Client feedback can offer valuable insight into an attorney’s reputation and success rate.

Common Mistakes to Avoid

To improve your chances of a favorable outcome, avoid these common pitfalls:

• Delaying evidence collection: Time-sensitive evidence, such as witness statements or physical evidence, can be lost if not secured promptly.
• Failing to meet deadlines: Missing filing deadlines due to statute of limitations laws can prevent you from pursuing your case.
• Going without legal representation: Without an experienced attorney, navigating the complexities of a wrongful death lawsuit can be overwhelming.

Understanding the Costs and Outcomes

While wrongful death lawsuits can involve significant costs, including attorney fees and court expenses, many firms (like ours) operate on a contingency fee basis. This means you pay nothing upfront, and we only collect fees if we win your case.

Outcomes vary based on the specifics of the case, with most cases resulting in a settlement. However, if a trial is necessary, we will fight tirelessly to secure the compensation you deserve.

Contact Us Today for Help

If you have lost a loved one due to someone else’s negligence, you don’t have to face this journey alone. At The Law Offices of Parente & Norem, we’re committed to standing by your side every step of the way.

Call/text us at 312-641-5926 or fill out our online contact form to schedule a free consultation. We’re available to discuss your case and provide the compassionate support you need.