Trying to resume your life after the loss of a beloved family member is difficult. If your loved one died because of someone else’s negligence or recklessness, or other wrongdoing, recovering from this loss can be even more challenging.
If you suspect that your loved one’s passing was the result of someone else’s actions, you should reach out to a local personal injury attorney to see if you could be entitled to recover damages. By contacting a Blair County wrongful death lawyer as soon as possible, you could put yourself in a better position for a favorable outcome.
Surviving family members can file wrongful death actions when another person’s actions caused their loved one to die. Some of the more common unexpected deaths result from:
Proactive wrongful death attorneys in Blair County could gather evidence, such as police reports, witness statements, and medical records, to prove that the defendant was legally responsible for the injuries that caused the death.
Wrongful death and survival actions are civil suits and can occur during the same time period as a criminal prosecution, such as a prosecution for DUI. While in a criminal action, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, in a civil suit, the claimant just needs to show that it is more likely than not that the defendant’s negligence, recklessness, or wrongful act caused the death. It should be noted that while a criminal conviction would not typically result in financial compensation for the deceased’s family, it could be strong evidence of guilt in a separate civil case.
Wrongful death actions are designed to compensate the spouse, children, or parents of the deceased for their own losses arising from the death of their loved one. Local lawyers understand that families relied on the deceased for companionship and financial stability. Therefore, compassionate attorneys work hard to ensure the surviving family members are fully and completely compensated for their losses.
However, survivors may not bring a civil action if the deceased obtained damages for the same losses during his/her lifetime.
Similarly, a survival action accounts for the decedent’s own damages, such as conscious pain and suffering prior to death, which claims “survive” the decedent.
In survival and wrongful death actions, we pursue damages for the survivor’s loss of tutelage, services, and support from the loved one, medical bills, funeral expenses and costs of estate administration, the decedent’s lost wages, and non-economic damages for the decedent’s pain and suffering.
In limited circumstances, punitive damages are also available in instances of egregious conduct on the part of the defendant, such as drunk driving or other reckless behavior.
The statute of limitations for filing a wrongful death action is generally two years. Due to this short filing deadline, it is imperative that the surviving family of the deceased speak with an accomplished wrongful death lawyer in Blair County right away.
If another person’s actions caused the death of your loved one, you deserve fair compensation for your emotional and financial losses. A legal recourse could provide you with the financial security that your family needs after such a devastating loss. Reach out to a Blair County wrongful death lawyer at Marcus & Mack today to see how they could help you.
Marcus & Mack
