If you live in Kentucky, Indiana, or Ohio the laws regarding filing a wrongful death lawsuit are different in each state. Our experienced, compassionate wrongful death attorneys are available now to listen, answer your questions, and help you to decide whether to file a wrongful death lawsuit. Call Isaacs & Isaacs at 800-800-8888 for a free case evaluation. We are here for you 24/7.
What Are Wrongful Death Damages?
In a wrongful death lawsuit plaintiffs recover damages for the negligence or harmful act of another that caused their loved one’s death. The laws about who can collect damages vary from state to state, so you will need to talk to an experienced wrongful death attorney before filing your lawsuit. A wrongful death is a devastating and tragic event for the remaining family members who are left to pick up the pieces. In addition to the complicated emotions surrounding the sudden death of a loved one, you may be faced with insurmountable financial difficulties.
Wrongful Death Defined
Wrongful death is defined as a fatality that occurs due to the negligence or harmful act of another individual, company or entity. With a wrongful death claim a family, beneficiary, dependent, or estate of the deceased is able to seek compensation against the person or company that caused the death of a loved one. In some states, the claim pays funeral and burial expenses to the estate and the cost of the wrongful death lawsuit. Depending on the state where the wrongful death occurred, the remaining monies recovered from the damage award are typically paid to the spouse and/or children. If no spouse or children survive the decedent, the funds are typically paid to the surviving parents. In the event of no surviving family members, the funds go back to the estate to be distributed to the beneficiaries.
The Centers for Disease Control identifies the following 2016 figures related to accidental death rates:
- 34,673 deaths from an unintentional fall
- 161,374 deaths related to unintentional injuries
- 40,327 deaths from motor vehicle traffic accidents
- 58,335 deaths from unintentional poisoning
What is Negligence?
Negligence occurs when another person (such as a driver on a public road) or an entity (like a manufacturer) owes a duty of care to a person (passenger or other driver) or group of people (consumers or employees) and breaches that duty of care.
In order for negligence to be grounds for a lawsuit the breach of duty must cause actual damages to the person/group who is owed a duty of care.
How A Wrongful Death Law Firm Proves Negligence
In order for a wrongful death law firm to prove negligence, four elements must be present:
- The negligence of the defendant must be directly responsible for the victim’s death.
- The death was wholly or partially caused by the defendant.
- The death caused monetary damages.
- The death affected you or a family member, who in turn qualify for damages through a settlement or verdict.
Common Causes of Wrongful Death Claims
The following are the most common causes of wrongful death:
- Motor Vehicle Accidents – Whether the accident involves cars, motorcycles, trucks or even pedestrians, vehicular accidents can occur due to negligence of another driver. If a death occurs as a result of a motor vehicle accident, a wrongful death claim can be brought against the negligent individual and perhaps others.
- Medical Malpractice – Defined as when a doctor, technician, nurse or other health care worker does not provide adequate care according to accepted standards in the medical community.
- Workplace Accidents – When it comes to safety in the workplace, employers must follow strict safety standards outlined by the Occupational Safety and Health Administration (OSHA). Industries such as fishing, construction, logging, trucking, electrical and mining are frequently referred to as high risk. If employee training isn’t sufficient or faulty equipment is used that results in an employee death, a wrongful death claim may be made against the employer. This applies to all industries under OSHA regulations.
- Product Liability – Manufacturers, retailers and distributors have a responsibility regarding the products they sell, distribute or produce. If a family member dies because an entity sold a defective product that was created using a faulty design or a flawed manufacturing process, a lawsuit may be filed for a wrongful death claim.
- Airplane Accidents – Airplane accidents that result in fatalities can fall into the wrongful death category. If a piece of equipment malfunctions or a pilot flies a plane while under the influence of drugs or alcohol that results in the death of an individual, a wrongful death case may be initiated.
What About Criminal Acts?
One well known example of a wrongful death lawsuit brought by family members which also involved a crime is the O.J. Simpson case. O.J. was found not guilty of the crime of murder by California jurors in October 1995, but the father of Ron Goldman (one of the murder victims along with O.J.’s estranged wife Nicole) filed a Wrongful Death Lawsuit in Civil Court the next year.
In February 1997 a civil jury found O.J. liable for the wrongful death and battery of Goldman as well as the battery of Nicole and awarded the plaintiff as well as Nicole’s parents a total of $33,500,000.00 in damages, including punitive damages (to punish wrongdoers and discourage similar behavior).
The standard of proof in a Civil Lawsuit is lower than for a criminal case. In a civil case, the lawyer must show the other side was negligent in causing the injuries and losses by a preponderance of the evidence or sometimes by clear and convincing evidence. In a criminal case, the prosecutors must prove the defendant is guilty of the crime beyond a reasonable doubt. If somebody harmed your loved one and is found not guilty, you may still be able to obtain justice in civil court. This is a big reason to talk to an Isaacs and Isaacs wrongful death attorneys now.
What Is the Wrongful Death Statute of Limitations?
The time limit for filing a civil lawsuit is called the Statute of Limitations. The statute of limitations for filing a Wrongful Death Lawsuit varies from state to state. Isaacs & Isaacs wrongful death law firm serves communities in Kentucky, Ohio and Indiana. Our skilled and compassionate wrongful death lawyers have decades of experience in filing these claims.
Dealing with the aftermath from the death of a loved one is difficult and should remain your primary focus. Our wrongful death attorneys will investigate your claim so that we can build the strongest case possible to receive favorable and fair compensation for your losses. Let our wrongful death law firm work on your behalf to obtain justice for the loss of your loved one.
Talk to an Isaacs & Isaacs Wrongful Death Lawyer Today
Contact Isaacs & Isaacs Personal Injury Lawyers immediately to find out whether you have a wrongful death claim. Our seasoned team of compassionate wrongful death attorneys stand ready to help you get the compensation you need to begin the process of building a new life. We understand that the loss of your loved one may have caused you financial stress, and we will represent you on a contingency fee basis. We don’t get paid until you do.
Call 800-800-8888 to speak to one of our wrongful death attorneys now. We are here for you 24/7.