Pursuing a Wrongful Death Claim after Losing a Loved One

Losing a loved one is an incredibly painful experience, and when that loss is due to the negligence or wrongful actions of another party, the grief can be compounded by a sense of injustice. In such difficult times, pursuing a wrongful death claim becomes a viable option for those seeking accountability and closure. The Harr Law Firm, with our extensive experience in personal injury law, understands the emotional and legal complexities surrounding wrongful death cases. We’ve provided a detailed overview of the legal process involved in pursuing a wrongful death claim, how fault is determined, and the factors influencing settlement amounts. However, if your loved one has been lost due to the negligence or actions of another person, we strongly encourage you to contact us to seek the settlement you deserve.

Understanding the Legal Process

For many people, the concept of a wrongful death case is murky at best. How can payment be pursued when the victim is no longer living? If you’re in these circumstances, you know better than anyone that the deceased is not the only one who suffered in these circumstances. You have lost something, and the law recognizes that loss as more than emotional one. Here’s what you need to know about the legal landscape surrounding wrongful death claims:

• Eligibility and Standing: To pursue a wrongful death claim, one must establish eligibility and standing. Typically, immediate family members, such as spouses, children, and parents, have the legal standing to file a claim. Establishing eligibility is a crucial first step, and consulting with experienced attorneys can clarify your rights and guide you through the process.
• Initiating the Claim: Filing a wrongful death claim involves initiating legal proceedings against the responsible party. This includes gathering evidence, drafting legal documents, and adhering to specific timelines set by the statute of limitations. Professional legal representation is essential at this stage to ensure compliance with procedural requirements.

Determining Fault in Wrongful Death Cases

The death of your loved one doesn’t need to be caused by malicious actions in order to qualify for a wrongful death claim. If you believe someone was negligent (for example, driving drunk or making a careless decision in surgery) and that negligence led to your loved one’s death, you may still qualify to file a wrongful death suit. Fault of the individual is determined based on the following:

• Negligence and Wrongful Actions: Wrongful death claims often hinge on proving negligence or wrongful actions by the responsible party. This involves demonstrating that the defendant had a duty of care, breached that duty, and directly caused the death. Attorneys skilled in personal injury law and wrongful death cases play a crucial role in investigating and presenting evidence to establish fault.
• Expert Testimony: In many wrongful death cases, expert testimony becomes pivotal in determining fault. Professionals such as accident reconstruction specialists, medical experts, or forensic analysts may be called upon to provide unbiased opinions on the events leading to the tragedy. The Harr Law Firm has a network of reputable experts to strengthen your case with credible testimony.

Calculating Settlement Amounts

So, if the court determines that the individual in question was, indeed, liable for your loved one’s death, how will your payment amount be determined? Here are some factors the court will consider:

• Economic Damages: Determining the settlement amount involves assessing various types of damages. Economic damages include quantifiable losses such as medical expenses, funeral costs, and lost income. Our experienced attorneys meticulously compile and present evidence to ensure full compensation for these tangible losses.
• Non-Economic Damages: Non-economic damages encompass intangible losses like pain and suffering, loss of companionship, and emotional distress. Assigning a monetary value to these damages requires a nuanced understanding of legal precedents and the ability to effectively convey the emotional impact of the loss. The Harr Law Firm employs a compassionate approach to ensure that non-economic damages are accurately represented in the claim.
• Punitive Damages: In cases involving egregious conduct, punitive damages may be sought to punish the responsible party and deter future wrongdoing. The legal team at The Harr Law Firm has the expertise to navigate the complexities of pursuing punitive damages and has a track record of securing just compensation for our clients.

While we know that no amount of financial compensation can truly make up for the loss of a person you love, we believe that victims’ family members deserve to be free of any financial burdens brought on by their loved one’s death. The Harr Law Firm stands ready to guide you through every step of the process, providing unwavering support and effective legal representation. If you have lost a loved one due to someone else's negligence, we encourage you to contact us for a compassionate consultation. Let us help you seek the justice and closure your family deserves.