Wrongful Death Litigation
Wrongful death claims are brought against a defendant who has caused someone’s death, either through negligence or intentional action. Wrongful death claims allow the estate or those close to the deceased to file a lawsuit against those responsible, or are considered liable, for that death. These kinds of lawsuits are usually filed by a representative of the deceased person’s estate, on the behalf of surviving family members affected by the death.
A wrongful death claim is applicable after a victim is killed as a result of a defendant’s wrongful action, and who would otherwise have a claim to personal injury.
This can occur in a variety of situations, including:
- When a victim is intentionally killed – these civil lawsuits are filed separately from criminal proceedings
- When a victim dies as a result of medical malpractice – if the doctor fails to diagnose correctly, or if the doctor is careless in the level of care provided, and a patient dies as a result.
- Car accident fatalities involving negligence – if a victim dies as a result of injuries sustained in a car accident.
In order to hold a defendant liable for a wrongful death, the plaintiff must meet the same burden of proof that the victim would had to meet had the victim lived. This means, showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty the cause of the death, and that the death caused damages to the plaintiff, which they are trying to recover.
Damages in a wrongful death claim include:
- Pain and suffering
- Medical treatment costs to the victim
- Funeral and burial costs
- Loss of the deceased person’s expected income
- Loss of the care, guidance and nurturing that the deceased would have provided
- Loss of love or companionship
The loss of a loved one due to negligence requires an experienced Wrongful Death attorney. At Krupa Law Group, we are qualified to handle this matter for you with compassion. We handle these cases directly, and our knowledgeable team can help through this difficult period following a loved one’s untimely death. We’ll make sure you get the benefits you need to take care of your family, which will become essential to your own well-being, comfort, and support.