When an accidental death is caused by another individual's gross negligence, wrongful actions or inaction it is called a wrongful death. Fatal accidents that occur under these circumstances are the most tragic and cause extreme grief, suffering and even economic damage to the family and friends left behind.
Whether the deceased is or is not considered to be comparatively at fault in their wrongful demise, their close relatives, estate or next of kin may file a civil action for the recovery of economic and non-economic damages and act as the plaintiffs in that action.
If you or a loved one has suffered a wrongful death due to negligence, please contact Greenberg & Ruby, LLP today to discuss your case. We are dedicated to providing support and assistance so that you are able to secure compensation during this trying time.
WHY CHOOSE US?
At Greenberg & Ruby, LLP, we are experienced attorneys who are well-versed in all matters of personal injury and wrongful death laws.
- We have combined 60 years experience successfully filing wrongful death claims for our clients.
- We are committed to giving clients the personal attention and transparent communication necessary in order to secure the maximum possible compensation for their needs.
- We have a reputation for success, securing more than $250 million in total verdicts and settlements for our clients.
- We operate on a contingency fee basis, asking for no money upfront and advancing all expenses. If we don't secure a favorable verdict or settlement, you pay nothing.
HOW WRONGFUL DEATH ACCIDENTS OCCUR
There are a number of different circumstances that can result in a wrongful death. The leading causes of wrongful death in the United States are motor vehicle accidents involving cars, buses, trucks and especially motorcycles, medical malpractice and prescription drug reactions, unsafe premises accidents, construction accidents and other workplace accidents and traumatic brain injuries. Wrongful death fatalities may also result from amusement park accidents, swimming or boating accidents, faulty vehicular safety equipment, public transportation accidents, illness and injury from hazardous material exposure and faulty medical equipment or devices.
TYPES OF WRONGFUL DEATH ACCIDENTS
Wrongful death accidents generally fall under the categories of medical mistakes and failure to diagnose, work-related accidents and injuries, vehicular accidents including motor vehicles, bicycles and planes, unsafe premises accidents, water-related accidents from swimming, boating or scuba-diving, sports related accidents and criminal violence or personal assault.
Medical mistakes, incorrect prescription drug dosages or fatal prescription drug reactions, and the failure to diagnose fatal conditions contribute to or cause thousands of unnecessary fatalities each year. Although many medically-related deaths are unavoidable, when a doctor or health care provider has been grossly negligent, uninformed, or has failed to exercise due diligence in diagnosis and treatment it may be considered a wrongful death.
In many states, motor vehicle accidents resulting in a fatality caused by driver negligence can be considered for wrongful death civil actions. Additionally, the failure of those responsible to properly test, inspect and repair plane, truck, bus and automobiles can be considered gross negligence resulting in wrongful death. Motor vehicle and plane accidents and fatalities resulting from faulty safety or other mechanical features including poorly designed or assembled parts may be considered under product liability laws in a wrongful death civil action.
Wrongful death premises accidents occur when an individual is fatally injured due to unsafe conditions on private property, public walkways and roadways or businesses such as department stores. Improper lighting, wet or slippery floors, unsafe stairs, elevators or escalators, windows without screens and ice or snow conditions may all be considered the property owner's or government's responsibility when a fatal injury ensues as a result.
Water-related activities and sports are all considered to be inherently risky and any individual engaging in them must exercise a reasonable amount of care for his or her safety. However, if the water-related accident occurred on a rental boat, at a diving center or public pool or at any other sport center or resort, the owner of the organization may be considered responsible or partially responsible.
HOW CAN A LAWYER HELP?
When a loved one unexpectedly dies through no fault of their own, then words cannot begin to describe how devastating this can be to the family of the victim, both emotionally and in many cases financially too.
In circumstances such as these, it is understandable that the family's first thoughts are probably not to call upon the services of a team of wrongful death attorneys, as they begin to come to terms with what's happened. However, because of strict statutes of limitations in cases such as these, then this is exactly what they should be doing.
An attorney can thoroughly investigate the wrongful death and the incident that caused it. In many cases, they have the resource to call upon a wealth of independent experts who can investigate the circumstances surrounding the incident and can seek to prove negligence. This includes accident investigators, specialist machinery experts, safety and heath advisers and even forensic scientists. This leaves the attorney and their team able to take down witness statements. The expert findings can be coupled together with the witness statements to give the attorney a clearer picture of who is to be held accountable. From this, they can look to file a wrongful death claim.
WHAT DAMAGES CAN I RECOVER?
When it comes to seeking compensation, an attorney can help clients recover a slew of damages. This includes:
- Funeral/burial expenses
- Loss of main breadwinner wages
- Grief and suffering caused to the family
- Loss of companionship
- Loss of father figure (if applicable)
- Any loss of inheritance
- Loss of sexual relations
- Punitive damages (in some cases)
CONTACT US TODAY
If you or a loved one has suffered a wrongful death, contact us today to see how we can help. For many, suffering the sudden, avoidable death of a loved one can be a horrendous experience. Securing compensation certainly will not ease the pain in a wrongful death case, but it can hopefully help to get your life back on the path to a full recovery.
Schedule a free consultation and let us help in whatever way we can.