About 44,630 people unintentionally lost their lives due to falls in 2024, according to the Centers for Disease Control and Prevention (CDC). Though common causes of visits to the emergency room, slip and fall accidents are fatal among older adults.
If you have lost someone from a slip-and-fall accident, wrongful death claims may provide an option. Wrongful death attorney Mark Gonzales says one way to get justice is to take legal action and get compensated. In a wrongful death case, you can often get help from a wrongful death lawyer to fight for compensation.
Proving negligence is the sole aim of wrongful death claims, and this can be really difficult to establish. Gathering evidence and carrying out the legal proceedings must be done with careful precision. As you make decisions before moving forward with any case, there are special elements to consider that may affect the case. Let’s get to know about it.
Understanding Wrongful Death Claims
In cases where a loved one’s death occurs due to some unlawful or negligent act committed by another, you have the right to sue for wrongful death. Such damages would usually encompass medical expenses, funeral expenses, and loss of earnings.
Mostly, a wrongful death suit is brought on behalf of the deceased’s estate or the immediate family members of the decedent. Hence, you have to find evidence to show that the death of the family member happened because of another party’s negligent act.
Another thing to be wary of is the statute of limitations. It can differ from state to state, so it may only determine how long you can wait. If you are unaware of such unfortunate events, hire a lawyer.
Establishing Negligence in Slip and Fall Cases
To successfully claim in a slip and fall incident, you must prove negligence. A slip-and-fall lawyer, Frank Santini, Esq., says that an experienced lawyer knows how to look into your case in detail and figure out who might be responsible for what happened.
It starts with showing the hazardous condition: a wet floor maybe, or uneven pavement on the walkways. The next step would be to prove that the owner knew or, owing to the time factor, should have had knowledge of the hazard and, in any event, chose not to do the proper remedial steps.
Prove that the injury or wrongful death resulted directly from the slip and fall. Evidence collection might consist of the photography of the scene, the taking of statements from witnesses, medical reports, and so on.
Key Elements to Prove in a Wrongful Death Claim
The wrongful death claim needs some essential elements proven concerning the circumstances of the loss of life.
It has to be shown that the person who died had a legal right to be safe while on the premises where the slip and fall incident took place.
Next, you must demonstrate the existence of a duty of care and prove that such duty was breached by the property owner or other responsible party.
You must also prove that the breach caused the accident, thereby establishing causation.
You have to show exploit damages, which are tangible damages such as the medical costs, the funeral expenses, and the cost of loss of income.
And finally, you should establish your relationship to the deceased to prove your right to make said claim.
The Process of Filing a Wrongful Death Claim
Understanding wrongful death claims can be overwhelming. However, grasping the preparation needed for filing will be very helpful in gripping the situation.
Take into consideration the collection of essential documents such as a death certificate, medical files, and any other proof that may pertain to the incident.
Then, compile a list of persons alleged to be responsible for the death and pertinent information about their insurance.
Check for the services of an attorney proficient in this area, as they can assist you through legal processes and keep track of filing deadlines.
Your lawyer will evaluate the case and find grounds to file an action in the appropriate court.
Negotiations will arise between the insurance companies and yourself over settling claims, and in most cases, they will try to get you to settle sooner rather than later.
Keep tracking every phase of the process that will help to cobble the claim at the end.
Potential Compensation in Wrongful Death Cases
Wrongful death cases provide an opportunity to recover for certain kinds of compensation offered during life.
These compensations might be economic damages, such as funeral expenses, medical bills, and the lost income the deceased would have provided. Conversely, a non-economic award will be correlated to pain and suffering, loss of companionship, emotional distress, and similar ailments.
Damages vary firstly with the age of the person who died, secondly with the earning capacity of the deceased, and finally with the circumstances of the death.
Punitive damages may be awarded when the conduct of the wrongdoer is especially severe.
You will need an experienced attorney to help you with wrongful death cases to negotiate all the subtleties for as much compensation as possible. You have every right to be compensated for your loss.