Should You Call a Lawyer after the Accidental Death of a Loved One?

Wrongful Death Dan - February 12, 2020
Fort Wayne Wrongful Death

The death of a loved one is always a tremendous loss that can be more traumatic when it is the result of an accident caused by someone else’s negligence. When you are experiencing such a difficult, emotional loss, it is important to seek help. Wrongful death lawsuits can be based upon a wide variety of actions and inactions by an at-fault party. If your loved one is killed in an accident, monetary damages may be available for your loss. You should immediately discuss your options with a Fort Wayne wrongful death lawyer. while money can never replace the loss of a loved one, it can help bring closure and make sure you are not harmed financially due to someone else’s poor choices and negligence.

Accidents and Wrongful Death

An accident is unexpected and unintentional by nature. However, just because a death is unexpected and unintentional does not mean there is no fault. A wrongful death claim may allow you to recover for your loved one’s death due to another person’s negligence. Intent may not matter; in other words, the question may simply be whether the accident was caused by someone not behaving like a reasonable, prudent person..

When people are distracted or not paying attention and a fatal accident occurs, they can sometimes be held liable for the wrongful death by a victim’s surviving family members.  For example, a driver that runs a stop sign is not trying to hurt or kill others, but the driver may still be held liable if someone is killed as a result.

Why You Should Contact a Lawyer

Wrongful death statutes prescribe procedures for filing a wrongful death lawsuit. If you do not follow the requirements of those statutes, you may lose your right to pursue a claim. While grieving the death of a loved one, filing a wrongful death claim may be a distant thought, but wrongful death claims are subject to a statute of limitations that limits the time they can be brought. Contact us as soon as possible for a consultation with an experienced Fort Wayne Wrongful Death Attorney so we can make sure you are not forfeiting any of your rights.

A lawyer will attempt to obtain fair compensation for your loved one’s death. Losing a loved one is hard enough without being put in a worse financial position. In assessing damages, the court may consider a number of factors, some of which include the following:

  1. Cost of medical care and funeral expenses
  2. Loss of future earnings
  3. Loss of services, love, care, and affection
  4. Loss of training and guidance of dependent children
  5. Loss of companionship, parental guidance, and household services
  6. Counseling expenses
  7. Uninsured debts
  8. Cost of the legal expenses

Establishing these losses requires legal expertise, possibly included expert witnesses, and is typically quite complicated.  See this Reference Guide on Estimation of Economic Damages created by the Federal Judicial Center to get an idea of the nuance and complexity that can arise in a claim.

Again, while money is no replacement for the loss of a loved one, it can offer security and help with healing and closure.  Don’t suffer through grieving while carrying extra, unwarranted burdens. Wrongful death statutes exist to help victims’ families. Let the experienced lawyers at Blackburn & Green help you get the financial compensation and security you deserve.

Call Us Today to Schedule a Consultation with a Fort Wayne Wrongful Death Attorney

The loss of a loved one is a traumatic event and it can be hard to face the burdens it creates, which may include a wrongful death suit. Call (260) 422-4400 or contact us online for a free consultation with an experienced attorney.

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