P&N BLOG | What Families Need To Know About Wrongful Death Lawsuits

Losing a loved one is one of life’s most painful experiences, especially when that loss is the result of someone else’s negligence or misconduct. In such tragic circumstances, a wrongful death lawsuit can provide grieving families with a path to justice and financial compensation.

At The Law Offices of Parente & Norem, we’re dedicated to helping families navigate the legal complexities of wrongful death cases with care, clarity, and strength.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil legal action brought on behalf of a deceased person whose death was caused by the wrongful actions of another party; whether through negligence, recklessness, or intentional harm. These cases aim to compensate surviving family members for their losses, which may include:

• Medical expenses incurred before death

• Funeral and burial costs

• Lost income and financial support

• Loss of companionship and emotional suffering

Who Can File a Wrongful Death Claim?

Typically, the personal representative of the deceased’s estate is responsible for filing the lawsuit. This person may be named in the deceased’s will or appointed by a court. In many cases, this is a close family member, though state laws can vary in terms of who is eligible to serve in this role. Consulting with an attorney can help ensure the right individual initiates the case in accordance with local law.

Why Legal Representation Matters

Wrongful death lawsuits are often complex and emotionally charged. Having an experienced attorney on your side can make all the difference. Here’s how:

• Legal Guidance: Your attorney will manage the process from start to finish, ensuring nothing is overlooked.

• Evidence Collection: Lawyers know how to gather, preserve, and present key evidence such as medical records, witness statements, and accident reports.

• Pursuing Fair Compensation: An attorney will work to secure the full extent of compensation you may be entitled to, including both financial and emotional losses.

Types of Damages in a Wrongful Death Case

There are generally two types of damages awarded in wrongful death lawsuits:

Compensatory Damages
These are intended to reimburse the family for actual losses and may include:

• Funeral and burial costs

• Medical expenses related to the incident

• Lost wages or income the deceased would have provided

• Emotional distress and loss of companionship

Punitive Damages
In cases involving especially egregious behavior, such as gross negligence or intentional harm, punitive damages may be awarded to penalize the responsible party and deter similar actions in the future.

How to Prepare for a Wrongful Death Lawsuit

Timely preparation is crucial in these cases. Consider gathering the following types of evidence as soon as possible:

• Photos or video footage of the incident or location

• Police or incident reports

• Witness contact information and statements

• Medical and financial documents relevant to the deceased’s care and support

Swift action helps preserve critical evidence and ensures compliance with deadlines, such as the statute of limitations.

Choosing the Right Attorney

The outcome of a wrongful death case often hinges on the quality of legal representation. Keep these tips in mind when selecting an attorney:

• Look for experience: Choose a lawyer with a proven track record in wrongful death cases.

• Schedule a consultation: Use this opportunity to ask about their process, success rate, and communication style.

• Review testimonials: Client reviews can offer insight into the firm’s professionalism and results.

Common Pitfalls to Avoid

To strengthen your case, be aware of these common mistakes:

• Delaying evidence collection: Waiting too long can result in the loss of valuable information.

• Missing deadlines: Legal deadlines vary by state and missing them can prevent you from filing altogether.

• Handling the case alone: The legal system is complex and an experienced attorney is essential for navigating it effectively.

Costs and Case Outcomes

Wrongful death lawsuits often involve legal fees and court expenses, but many firms, including The Law Offices of Parente & Norem, work on a contingency fee basis. This means you don’t pay unless we win your case.

Most wrongful death cases settle out of court, but if trial becomes necessary, our legal team is prepared to advocate aggressively on your behalf.

Let Us Help You Move Forward

If you’ve lost a loved one due to someone else’s actions, you don’t have to face the legal process alone. At The Law Offices of Parente & Norem, we are committed to helping you seek justice and recover the compensation you deserve.

Contact us today at 312-641-5926 or fill out our online form to schedule a free consultation.