When a loved one’s life is cut short due to someone else’s negligence or wrongdoing, you’re left with a void that can never be filled. As you enter these dark times, you may be wondering if you should hire an Ave Maria wrongful death lawyer.
At Anidjar & Levine, our team of experienced Ave Maria personal injury lawyers has been dedicated to fighting for justice since 2005. We can provide you with the guidance and support you need to go about the legal process and ensure those responsible are held accountable.
Understanding Wrongful Death Claims
When a loved one’s death is caused by someone else’s negligence or wrongdoing, it can be devastating for the surviving family members. You may be left feeling angry, confused, and unsure of what to do next. In these situations, it’s vital to understand your legal rights and options.
A wrongful death claim is a type of lawsuit that allows you to hold the responsible party accountable for their actions. You can file a claim if you’re the spouse, child, parent, or other dependent of the deceased person.
To succeed in a wrongful death claim, you’ll need to prove that the defendant’s negligence or intentional act caused your loved one’s death. You’ll need to gather evidence, including medical records, police reports, and witness statements, to build a strong case.
Who Can File a Wrongful Death Claim?
You may be eligible to file a wrongful death claim if you’re an immediate family member of the deceased, such as a spouse, child, or parent.
Additionally, other parties may be eligible to file a claim, including those who were dependent on the deceased for financial support or had a close relationship with them.
It’s important to understand who can file a claim to help make sure that those affected by the wrongful death receive the compensation they deserve.
Immediate Family Members
In the aftermath of a loved one’s untimely passing, immediate family members may be left grappling with the emotional and financial burdens of their loss.
As you go about this difficult time, it’s crucial to understand your rights and options for seeking compensation.
Immediate family members are eligible to file a wrongful death claim. This includes:
- Spouses: The surviving husband or wife of the deceased person can file a claim.
- Children: Biological or adopted children of the deceased person, including minor children and adult children, can file a claim.
- Parents: Biological or adoptive parents of the deceased person, if the deceased was an adult, can file a claim.
- Dependent Blood Relatives: Other family members who were dependent on the deceased person for support, such as siblings or grandchildren, can file a claim.
As an immediate family member, you may be entitled to compensation for funeral expenses, medical bills, lost income, and other damages resulting from your loved one’s wrongful death. For questions on who can file, contact our Ave Maria wrongful death lawyer.
Types of Compensation Available
Pursuing a wrongful death claim in Ave Maria can be a complicated and emotionally challenging experience, but understanding the types of compensation available can help families go through the process. You may be eligible to receive compensation for various losses and expenses resulting from your loved one’s death.
There are several types of compensation available in a wrongful death claim, including:
- Economic damages: These include financial losses such as medical expenses, funeral costs, and lost income or earning potential.
- Non-economic damages: These include non-financial losses such as pain and suffering, emotional distress, and loss of companionship.
- Punitive damages: These are awarded in cases where the defendant’s actions were reckless or intentional, and are intended to punish the defendant.
- Survival damages: These are awarded to the estate of the deceased for their conscious pain and suffering before death.
Understanding these types of compensation can help you and your family make informed decisions about your wrongful death claim.
Proving Negligence in Court
To prove negligence in court, you’ll need to demonstrate that the defendant breached their duty of care, causing your loved one’s death. This requires showing that the defendant failed to meet the standard of care expected of them, and that this failure led directly to the death of your loved one.
To establish negligence, you’ll need to prove the following elements:
- Duty of care: The defendant had a legal duty to protect your loved one from harm.
- Breach of duty: The defendant failed to meet their duty of care, either through action or inaction.
- Causation: The defendant’s breach of duty directly caused your loved one’s death.
- Damages: Your loved one’s death resulted in quantifiable damages, such as medical expenses, lost income, and emotional distress.
Contact Our Ave Maria Wrongful Death Attorneys Today
You’ve made the vital decision to seek justice for your loved one’s wrongful death. Now, it’s important to select a seasoned Ave Maria wrongful death lawyer who can handle your case.
By securing fair compensation, you’ll assure accountability for the responsible parties and find closure for your family. Get a free case evaluation with Anidjar & Levine, then visit our blog page for more information.
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