Has Your Spouse or Loved One Been Wrongfully Killed?
At Van Law Firm, we’ve helped innumerable families in Washington recover financial compensation after their loved ones were wrongfully killed. When you work with us, we make sure to analyze even the most minute details of your case, and we’ll navigate through the legal process on your behalf, so that you don’t have to deal with pesky insurance adjusters, loads of evidence, and court deadlines. We handle everything in a professional manner, so that you can focus on spending time with your loved ones and mourning your unfortunate loss.
We can help victims’ families recover multiple forms of financial compensation for the death of a loved one, including: medical reimbursement for any expenses that were incurred while the victim was still alive; lost earnings and/or benefits that the victim would have provided for their family; any funeral and burial costs, and any non-economic losses such as pain and suffering or loss of companionship.
There is obviously no sum of money that could ever substitute for the loss of someone you love, and we understand that. However, a successful verdict or settlement can bring financial relief as well as valuable closure and peace of mind. By winning a wrongful death lawsuit, families can at least be reassured that the negligence of the guilty party did not go unpunished.
Should You Proceed With a Wrongful Death Claim?
When a person is fatally injured in an accident that was the fault of another party, there are certain surviving family members who are considered eligible to file a wrongful death suit. Typically, with relation to the deceased, it is the spouse/partner, parents, or children who will take charge of a case involving wrongful death.
Although a majority of cases involving death will be tried as criminal cases (murder/ manslaughter), this is not necessary if a plaiftiff wishes to recover financial restitution. In a civil action such as a wrongful death case, the plaintiff’s burden of proof is not as steep as compared to a criminal trial; plaintiffs are not required to prove intent, only negligence. Additionally, criminal cases are designed to punish the perpetrator, whereas wrongful death claims can aid in the well-being of the surviving loved ones.
It’s important to reiterate that wrongful death cases can arise from situations that are not altogether criminal, such as vehicle accidents, unsafe property conditions, use of harmful or defective products, medical error or malpractice, or ingestion of noxious chemicals. So, if criminal charges are not pursued by prosecutors, or if the defendant is not found guilty in criminal court, a wrongful death suit may still allow families to recoup monetary compensation.
Elements of a Wrongful Death Claim
In order for a wrongful death claim to be successful, there should be four proven elements:
- The case must center around an actual, confirmed death
- The person’s death must be the result of another party’s negligence or otherwise irresponsible behavior
- Surviving family members who are filing the claim must have incurred financial burdens due to the death of their loved one
- When the claim is filed, there must be a representative in place who has been selected to handle the estate of the deceased
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