Wettermark Keith Wrongful Death Attorneys: Honoring Their Memory, Demanding Answers
Losing someone you love is profoundly painful. After a sudden loss, cherished memories can bring as much grief as joy. Unanswered questions. An empty chair at dinner. Laughter once echoing through a house, now silent. Few griefs cut as sharp and deep as an unexpected, preventable loss, with no chance to say goodbye. A wrongful death robs us not only of the person we loved but also of the dreams, goals, and potential they held. When the negligence of another results in the loss of your loved one, the journey toward accountability and justice becomes a necessity – to honor the one lost and to prevent such tragedies in the future. Understanding the intricacies and chances of winning a wrongful death suit, our dedicated attorneys at Wettermark Keith are honored to offer compassionate legal representation to families grieving due to another’s negligence or misconduct. Holding onto the memories of all that your loved one was, we stand beside you, resolved to advocate for all they could have been.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil legal proceeding, separate from any criminal charges, that allows surviving family members to hold a negligent party accountable for their loved one’s preventable loss. This lawsuit serves as a voice for the deceased, aiming to achieve a sense of justice and provide financial relief for those left behind.
Ultimately, the core objective of a wrongful death case is to ensure compensation for any tangible and intangible damages inflicted on the surviving family members. It’s crucial to understand that the compensation sought in a wrongful death case is distinct from any damages the deceased (otherwise known as the “decedent”) might have accrued before their untimely death. This could refer to medical expenses or pain and suffering experienced between the causative event and wrongful death.
Damages awarded in a wrongful death case can include the following:
Lost Financial Support
This includes any loss of income, benefits, retirement contributions, and other financial resources the decedent would have earned. Calculations for lost financial support account for the decedent’s earning potential over a full life expectancy. It also encompasses losses like college funds for children, inheritance, insurance benefits, and shared household wealth that families relied upon.
Loss of Companionship
Losing the joy and comfort of sharing life’s journey with a person you loved can be a source of deep, permanent pain. A spouse loses a life partner they expected to grow old with. Children lose parental nurturing and guidance. Loss of companionship damages account for the positive impact the decedent had on their family’s daily lives and emotional health. While no dollar amount can define this loss, compensation can provide resources to help families move forward after the wrongful death of their loved one.
Mental and Emotional Anguish
Grief, trauma, depression, anxiety and prolonged emotional turmoil are common after losing a loved one to a wrongful death. Damages for mental and emotional anguish are meant to cover any counseling, therapy or treatment necessary to process the psychological trauma of the loss.
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Liability and Wrongful Death Lawsuits
A wrongful death lawsuit aims to prove that harm to the decedent was wrongfully and directly caused by another party’s failure to uphold a reasonable duty of care. For a wrongful death case to be successful, the essential elements below must be established:
Duty of Care
The defendant had a legal and ethical obligation to act in a way that avoids foreseeable harm to others. For example, drivers have a duty to obey traffic laws, and doctors must uphold standards of medical care. Breaching this duty can constitute negligence.
Breach of Duty
Through provable action or inaction, the defendant failed to exercise reasonable care, breaching their duty and putting others at risk, ultimately leading to the wrongful death of an innocent. This could involve driving recklessly, prescribing inappropriate medications, or otherwise acting irresponsibly.
Causal Link
The defendant’s breach of duty directly resulted in the wrongful death of your family member. This must be established as the primary cause of the wrongful death, not just a contributing factor. Thorough evidence must prove that absent the defendant’s negligence, the wrongful death would not have occurred.
Tangible Losses
Survivors of the decedent suffered measurable emotional, financial, and other damages from the death of their loved one. This encompasses losses like companionship, guidance, income, and grief. Ongoing and future damages caused by the wrongful death are also considered.
Navigating the complexities of a wrongful death case requires expertise, commitment, and compassion. Our team of seasoned personal injury lawyers is equipped to investigate every facet of your case. Our attorneys are dedicated to advocating fiercely on your behalf for the justice your loved one and your family deserve.
Wrongful Death Lawsuits vs. Criminal Homicide
Even if a defendant faces criminal charges over a wrongful death, the victim’s family can still pursue compensation through a civil lawsuit. A wrongful death case holds the defendant financially accountable, while criminal homicide charges are pressed by the state or by prosecutors to punish the defendant for breaking the law.
The standards of proof for a criminal homicide and wrongful death case are also different. Criminal homicide cases require proof “beyond a reasonable doubt,” whereas civil wrongful death cases use the lower standard of “preponderance of evidence.” Even without a criminal conviction, compelling evidence of negligence or misconduct can establish liability in civil court.
Furthermore, while homicide charges may lead to prison sentences or even execution, they do not obtain monetary relief for grieving families. In contrast, a wrongful death case pursues compensation, but cannot impose criminal penalties. Families seeking justice can pursue both options.
Wettermark Keith’s experienced attorneys can advise families on pursuing both avenues of justice and explain the nuances between criminal and civil proceedings. Though the paths are different, the objectives – justice, closure, and accountability – are aligned.
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