When you’ve lost a loved one due to someone else’s carelessness, the grief and anger can be overwhelming. You’re left wondering how this could have happened and who’s responsible. As you begin to process your loss, you may realize that you have legal options to hold the accountable party responsible.
That’s where our experienced Chesterfield wrongful death lawyers at White Law PLLC come in to guide you through the process and fight for the justice you and your family seek. If you’re struggling to cope with the loss of a loved one, consider consulting with a Chesterfield personal injury lawyer. We have over 20 years of combined legal experience.
Understanding Wrongful Death Claims in Chesterfield
When a loved one’s death is caused by someone else’s negligence or misconduct, the surviving family members may be eligible to file a wrongful death claim. This type of claim allows you to seek compensation for your loss and hold the responsible party accountable for their actions.
It’s important to understand the legal terminology surrounding wrongful death claims. For instance, you’ll need to prove that the defendant’s actions or inactions were the direct cause of your loved one’s death. This can involve gathering evidence, interviewing witnesses, and consulting with experts.
Working with a wrongful death lawyer can help you handle these tasks and work to get you the compensation you need. We can guide you through the legal process, help you understand your rights, and advocate on your behalf.
Your Fight Is Our Fight
Proving Negligence in Court
When you’re pursuing a wrongful death claim, you’ll need to prove that the defendant’s negligence led to your loved one’s death. To do this, you’ll have to establish two elements: duty of care and breach of duty.
Establishing Duty of Care
In the pursuit of justice for a loved one’s untimely passing, you’ll need to demonstrate that the defendant breached their duty of care, an important aspect of proving negligence in court. This involves establishing that the defendant owed a legal duty to the deceased, which means they had a responsibility to act with a certain level of care to prevent harm.
To do this, you’ll need to identify the relevant care standards that apply to the situation. These standards can come from various sources, including laws, regulations, industry guidelines, and expert testimony. You must also define the duty boundaries, which determine the scope of the defendant’s responsibility.
Breach of Duty
To prove negligence in court, you must demonstrate that the defendant’s actions or omissions breached their established duty of care, directly causing your loved one’s death. This breach of duty can take many forms, including gross negligence or professional misconduct.
Gross negligence refers to a reckless or wanton disregard for the safety of others, often resulting in catastrophic consequences. Professional misconduct, on the other hand, involves a deviation from the standard of care expected of a professional in their field, such as a doctor or lawyer.
To establish a breach of duty, you’ll need to gather evidence that shows the defendant failed to meet their obligations. This might include witness statements, expert testimony, or documentation of the defendant’s actions or inactions. Your lawyer will help you build a strong case by identifying the specific breach of duty and connecting it to your loved one’s death.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
Damages a Chesterfield Wrongful Death Lawyer Can Recover Compensation
What kind of compensation can you expect to receive in a wrongful death lawsuit? As a surviving family member, you may be entitled to recover damages for the losses you’ve suffered due to the wrongful death of your loved one.
The types of damages you can recover vary depending on the circumstances of the case. However, some common damages our wrongful death attorney in Chesterfield, MI, can recover:
- Funeral expenses: You may be able to recover the costs associated with funeral and burial services, including transportation, cremation, and memorial services.
- Pain and suffering: Although it’s impossible to put a price on the emotional distress and pain caused by the loss of a loved one, you may be able to recover compensation for the emotional anguish and suffering you’ve experienced.
- Loss of companionship: You may be entitled to compensation for the loss of companionship, love, and support that your loved one provided.
- Lost income and benefits: If the deceased was a breadwinner, you may be able to recover lost income, benefits, and other financial support they would have provided.
- Medical expenses: If the deceased received medical treatment before passing away, you may be able to recover the medical expenses, including hospital bills, doctor’s fees, and prescription medication.
- Punitive damages: In some cases, you may be able to recover punitive damages, which are designed to punish the responsible party for their reckless or negligent actions.
It’s important to work with an experienced wrongful death attorney to determine the full extent of the damages you’re eligible to recover. Our Chesterfield wrongful death lawyers have recovered over $1.4 billion in settlements for our clients in our years of experience.
We understand that you may be going through a difficult situation and we are ready to help however we can.
The Investigation Process
A thorough investigation is important for uncovering the facts and building a strong case following a wrongful death. You’ll want to gather as much information as possible to support your claim and hold the responsible parties accountable.
During the investigation, your lawyer will focus on the following areas:
- Evidence collection: Gathering physical evidence, such as photos, videos, and documents, that support your claim. This can include police reports, medical records, and witness statements.
- Witness statements: Identifying and interviewing witnesses who may have seen or heard something related to the incident. Their testimony can provide valuable insight into what happened and who was responsible.
- Scene investigation: Examining the location where the incident occurred to identify any potential hazards or contributing factors. This can help establish liability and fault.
- Expert analysis: Consulting with experts, such as accident reconstructionists or medical professionals, to provide objective analysis and opinions on the incident.
You will always work directly with your attorney throughout your case.
Contact a Chesterfield Wrongful Death Lawyer
You’ve taken the first step towards seeking justice for your loved one by learning about wrongful death claims. Now, it’s time to take action. A skilled wrongful death lawyer in Chesterfield, MI, at White Law PLLC can guide you through the legal process, ensuring you receive the compensation you warrant.
Contact us today for a free consultation.
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