Wrongful death is a civil lawsuit filed by an injury attorney on behalf of family members seeking monetary compensation when someone else’s negligence causes a death. Manslaughter is a criminal charge filed by the state to punish someone for causing a death by acting recklessly. Think of wrongful death as the civil version of manslaughter. Wrongful death cases have a lower burden of proof and do not lead to jail time. The same death can result in both types of cases, even if the person is found not guilty in criminal court.
Whether your loved one died from a car accident, medical malpractice, a faulty product, or some other preventable negligence, the law entitles you to seek justice from the person whose carelessness caused the death. A Greenbelt wrongful death lawyer from Price Benowitz could answer all of your legal questions, detail your options, offer an estimate of how much your case might be worth, and explain your rights.
The Challenges of Wrongful Death Lawsuits
Greenbelt wrongful death attorneys work with families on issues such as:
- Proving that someone else is responsible for your loved one’s death
- Proving your monetary loss, which can be subjective
- Challenging accusations of blame against your loved one
- Answering questions from the insurance company about the events that led to your loved one’s death, or your relationship with them
- Filing a combined family claim that covers everyone’s losses
These can be difficult to deal with alone, which is why having a lawyer’s support can help ensure a straightforward process and a better outcome.
Who Can File a Wrongful Death Lawsuit?
Under state law, individuals can be held liable for causing the death of another person. Only the deceased person’s immediate family can pursue a claim, meaning the surviving spouse, children, or parents. If there are no surviving immediate family members, secondary family members, such as siblings, cousins, or other relatives who were financially dependent on the deceased, can file. However, this does not usually extend to a fiancé.
A claim must generally be filed within three years of the death, and it is not usually possible to file after this time. A Greenbelt attorney with experience in wrongful death cases will be able to explain how the statute of limitations applies to your case.
The Legal Elements Required To Win a Wrongful Death Case
Your lawyer must prove four key elements:
- The defendant had a duty to act carefully, such as by following traffic laws
- The defendant failed to meet that duty
- The defendant’s actions directly caused the death
- Damage occurred as a result.
For example, in a slip and fall accident, your legal team must show the business owner knew the steps into their office were icy and chose not to put out salt or warn visitors, and that your family member’s death was caused by slipping on the icy stairs.
You must also show how the death has caused financial and emotional harm, such as the emotional stress of losing your loved one’s companionship, losing their income, and paying for their funeral. Generally speaking, this requires eyewitness testimony, expert opinions, medical records, and accident reports. An experienced wrongful death attorney in Greenbelt can ensure you gather the right evidence and present the strongest case possible.
How Can I Quantify My Wrongful Death Damages?
Wrongful death damages are subjective because they measure the value of your loved one’s life in terms of what they meant to your family. As difficult as it may seem, you must attach a dollar value to the life that was lost.
Wrongful death damages include economic damages that cover the measurable financial losses resulting from the death, such as lost wages that the deceased person would have earned, and funeral and burial expenses.
You can also claim non-economic damages to compensate your family for things such as loss of companionship, love, and emotional support, your family’s grief and trauma, and loss of guidance from the deceased.
If your loved one did not die immediately from the injury, you can file a survival action alongside the wrongful death case. In this situation, you seek compensation for the damages that the deceased person suffered between the time of their injury and death. A wrongful death lawyer in Greenbelt can help you build a case based on your specific circumstances.
Contact a Wrongful Death Attorney in Greenbelt Today
If you have lost a loved one because of someone else’s actions, contact a Greenbelt wrongful death lawyer at Price Benowitz today. Schedule your free case evaluation by sending the firm a message online or by calling today.
