A Wrongful Death Attorney Can Establish Liability and Help You Seek Financial Security
The death of a loved one can be overwhelming from both an emotional and financial standpoint. When their passing is due to the negligence or recklessness of another party, the pain is that much deeper. Wrongful death attorneys understand the hardships associated with losing a loved one. That is why we provide compassion and empathy while we seek justice and fair restitution for your family. Although nothing can bring back a loved one, holding responsible parties accountable for their death can provide a sense of closure and protect your future.
An Overview of Wrongful Death Claims
When someone dies due to another party’s negligence or recklessness, a wrongful death claim can be brought about by the decedent’s close family members and dependents. Wrongful death are personal injury claims that can stem from fatal accidents of any kind, including motor vehicle accidents, medical malpractice, and workplace accidents. Individuals, companies, and even governmental agencies can be held legally responsible for their failure to act responsibly. As a result, the spouse, children, parents, or another close relative can receive compensation to cover lost relationships, companionship, funeral and burial costs, lost wages of the deceased, and more.
Common Causes and Responsible Parties
Fatal accidents involving negligence and recklessness come in many forms, including:
- Motor vehicle accidents – About 40,000 individuals succumbed to fatal injuries in motor vehicle accidents in 2016.
- Medical malpractice – When a doctor or healthcare facility makes a fatal error, the family of the victim can file a wrongful death suit. Misdiagnosis is a common problem, sometimes resulting in settlements that range into seven or eight figures.
- Construction accidents – Defective machinery, electrical hazards, burns, toxins, and falling scaffolds all take lives in construction accidents. Many construction related deaths are avoidable with proper safety precautions, however, construction companies and site owners do not always provide a safe work environment.
- Slip and fall accidents – Slippery and uneven surfaces routinely cause slip and fall accidents. If this happens on someone’s property, the property owner may be considered negligent under premises liability law.
In a wrongful death claim, the plaintiff must be able to prove that the death of their loved one was caused by negligence or recklessness on the part of the defendant. The negligent party must have had a duty to follow laws and safety protocols, act in a certain manner, or provide a certain level of care. They must have breached this duty, and consequently, their breach must have caused the fatal outcome. Montana Law Center is experienced in gathering the evidence necessary to prove negligence on the part of the defendant.
We will gather information through depositions, discovery, and requests for documents, skillfully navigate the court system, and identify the responsible party and hold them accountable for their negligent behavior.
Damages in a Wrongful Death Case
If you are a relative or beneficiary to a deceased victim who has passed as a result of another party’s negligence, you could stand to receive compensation for:
- Medical costs
- Funeral expenses
- Pain and suffering
- Loss of companionship
- Lost wages (including future wages, or the paychecks they would have received)
In some cases, punitive damages may apply if the defendant acted with wanton disregard for the safety of the victim. Our attorneys will review your case thoroughly to determine if punitive damages are in order.