When Wrongful Death Litigation Is Needed

Wrongful Death Lawyer

One of the greatest tragedies in life can be the sudden and unexpected loss of a close friend or family member. Those who are left behind, consumed by shock, grief or anger, often are left with many unanswered questions.

When the death of your loved one comes at the hands of someone else’s deliberate actions or negligence, it can be particularly difficult. The guilty party could be arrested, prosecuted and punished. Even so, what happens to the family of the deceased? Especially if there was gross negligence and the family has lost its primary source of income? Who will pay for medical expenses, funeral and burial costs, the loss of the deceased’s anticipated income, the loss of care and guidance the deceased would have provided? Is there any recourse for the victim’s family?

Wrongful Death Lawsuits. If you’ve lost a loved one due to someone else’s negligence, you should contact a wrongful death attorney. The attorney can review your case and provide legal advice on whether it’s wise to pursue compensation for your loss.

A Common Example. Car and truck accidents are among the most common causes of wrongful death lawsuits. If your loved one died in such an accident and you were seeking damages, it would be up to you and your attorney to prove the guilty party’s negligent or reckless behavior. Examples of such behavior could include:

  • Distracted driving (texting or talking by phone or with passengers while driving);
  • Driving under the influence of alcohol and/or drugs;
  • Running a red light or stop sign; and
  • Speeding.

Drivers of cars and trucks have an obligation (a “duty of care”) to operate their vehicles in a safe and orderly manner and to avoid injuring others and/or placing them in danger. You would need to prove that the driver created or allowed a dangerous situation to occur due to their negligence.

Other examples of potential wrongful death lawsuits include:

  • When a person dies after a doctor fails to diagnose a condition.
  • When a hospital staff is careless in treating your loved one.
  • When your loved one falls and dies at an establishment that did not provide a safe environment.
  • When a defective product (medical device, faulty auto parts, children’s toys) lead to the death of your loved one.

There are many options to weigh when considering a wrongful death lawsuit, as an attorney, like a wrongful death lawyer in Rapid City, SD, at a firm such as the Law Offices of Clayborne, Loos and Sabers LLP, can explain.