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In legal terms, a “wrongful death” is when someone dies or is killed due to the negligence of another. That negligent party could be the other driver in a car accident or a company that failed to maintain proper safety standards. Wrongful death lawsuits are brought in pursuit of compensation for the survivors’ loss, including lost wages from the deceased, any pain and suffering the deceased suffered before death, loss of companionship, and funeral expenses. If your loved one died in an accident caused by someone else, it’s important to speak with experienced wrongful death lawyers as soon as possible.
You don’t have to go through this process alone. The nationwide wrongful death attorneys at Zinda Law Group are here to help you and your family through this difficult time. Our wrongful death lawyers are ready to answer your questions and advise you on the best way to move forward.
Call Zinda Law Group today at (800) 863-5312 for a free consultation with a wrongful death attorney near you.
When Can I File a Wrongful Death Lawsuit?
A wrongful death lawsuit can be brought if the deceased lost their life due to another’s negligence, or intentional act, and the deceased’s family members were directly impacted due to their death. Wrongful death lawsuits are civil lawsuits comparable to personal injury claims. The major difference is that because the victim of the fatal injury is unable to pursue the lawsuit, family members or the deceased’s estate bring the lawsuit on the victim’s behalf with the help of a wrongful death attorney.
Wrongful death suits may be brought after a variety of fatal circumstances, including:
- Fatal car accidents – there are approximately 37,000 car accident deaths per year caused by speeding, reckless or distracted driving, drunk driving, road defects, or automobile defects.
- Fatal workplace injuries – although employers are responsible for the safety of their employees, fatal workplace injuries can and do happen every day.
- Medical malpractice – although the vast majority of healthcare professionals are extremely good at their jobs, there have been cases in which doctors or nurses cut corners allowing accidents to happen. Examples of medical malpractice wrongful death lawsuits include surgical errors, improper treatment or diagnosis, and defective medical devices.
- Product liability cases – defective products can lead to fatal accidents in extreme circumstances. Defective products can include defective vehicles, machinery, or pharmaceuticals.
If you have lost a loved one and are confused about your options, consider consulting a wrongful death attorney who can determine if filing a wrongful death lawsuit is in your best interest. Filing a wrongful death lawsuit can help ease the financial burden created by the negligent party.
Wrongful Death Lawsuit Process with a Wrongful Death Lawyers
If a person’s death is caused by the negligence or intentional act of another person or entity, the estate of the deceased or the deceased’s surviving family members may have the option to bring a civil lawsuit seeking damages. This is called a wrongful death lawsuit. Each state has different laws governing the wrongful death process, so for the best description of how your state handles wrongful death cases consider consulting an experienced wrongful death attorney. Regardless, there are some common pieces that are prevalent all across the country.
In wrongful death claims, the party bringing the suit has the burden of proof and must prove that the opposing party was at fault for the deceased’s death. This is most likely proven through negligence. If this is proven, then damages may be awarded. Damages can again range from state to state but usually include compensation for pain and suffering incurred, medical expenses, funeral expenses, and loss of future income or companionship. Alternatively, the defendant may choose to instead settle before trial on an agreed-upon amount.
Because of the importance of wrongful death claims, it may be in the best interest of those seeking to file such a claim to consult with an experienced wrongful death attorney as soon as possible. Although the party seeking compensation can never truly be made whole again, an experienced wrongful death attorney can help them seek maximum financial compensation to help with expenses relating to the incident.
Who Can File a Wrongful Death Lawsuit?
The people who can file a wrongful death lawsuit varies from state to state. To get the most accurate description of who is able to file a wrongful death lawsuit consider consulting an experienced wrongful death attorney. That being said, there are some common parties that may file wrongful death claims across the states.
- All states allow wrongful death lawsuits to be filed by immediate family members.
- In most cases, spouses of the deceased may bring a wrongful death lawsuit.
- If the deceased was a child, some states allow the parent to bring the lawsuit.
- If the deceased was a single adult, some states allow extended family members to bring the lawsuit. Examples of extended family members include siblings, grandparents, or stepparents.
- If the deceased had a will, the wrongful death lawsuit is usually brought by the executor or personal representative of the estate. If the court determines that the executor personal representative is the best party to bring such a claim, then they will likely have the exclusive right to file a wrongful death lawsuit.
It is important to remember that in most cases, only one wrongful death lawsuit may be filed on behalf of the deceased. If there are disputes as to which claim is proper, the court has the option to consolidate multiple lawsuits into a single lawsuit. Regardless, it may be in the best interest of those seeking compensation to discuss their options with an experienced wrongful death attorney to make the process as efficient as possible.
How Long Do I Have to File a Wrongful Death Lawsuit?
States vary on the amount of time parties have to file a wrongful death lawsuit. These time limits are called “statutes of limitations.” Statutes of limitations strictly dictate how long a party has to file such claims. If a party waits too long, going beyond the statute, the courts may prevent them from filing a wrongful death lawsuit.
In order to get an accurate timeframe on when you must file your wrongful death lawsuit, consider consulting with an experienced wrongful death attorney. An experienced wrongful death attorney can explain to you your state’s wrongful death statute of limitations and apply that timeframe to the unique facts of your case. This is very important if you hope to seek maximum compensation for your loss, so consulting with an attorney may be your best option.
What Do I Need to Prove?
When bringing forth a wrongful death claim, the party seeking compensation must meet the same burden of proof that the deceased would have had to meet if they had lived. In most cases, this means proving negligence. To prove negligence the party seeking compensation must prove that the defendant owed the deceased a duty of care, the defendant breached that duty of care, the breach was the cause of the death, and the death caused the damages that the party seeking compensation is trying to recover. It is important to remember that wrongful death claims have a lower standard of proof than any criminal claim.
How Much Compensation Can I Seek?
States vary on the areas of compensation that parties may seek in wrongful death claims. To get an accurate list of areas that your state allows consider consulting a wrongful death attorney who can take a look at your case and explain to you the potential outcomes. Common areas of compensation include:Pre-death pain and suffering
- Pre-death medical expenses
- Funeral and burial expenses
- Loss of the deceased’s expected income
- Loss of consortium
- Loss of inheritance
- Loss of companionship
- Punitive damages – these damages are intended to punish the party who caused the death and deter future similar behavior. Not all states offer punitive damages.
How Are Settlements Distributed?
Many wrongful death claims settle before even reaching a trial. Defendants in wrongful death claims may choose to settle outside of court in order to avoid a lengthy trial process or to avoid negative publicity. Settlements can be achieved through mediation or arbitration as alternatives to trials.
Settlements can be distributed as a lump-sum payment or a structured settlement agreement. A lump-sum payment is when the party bringing the wrongful death lawsuit receives a full payout for damages they suffered. This full payout allows the filing party to pay its larger expenses as soon as possible, allowing for more financial flexibility. A structured settlement distributes scheduled payments. This form of settlement does not have the flexibility of the lump-sum payment. For example, lump-sum payments may be difficult to change, even if changes in financial circumstances occur.
I had the best experience with the Zinda law Group! Shivangi Was the the most professional and caring attorney anyone could ask for! She did everything in a timely matter and answered all the questions I could ever think of. Her paralegal, Danielle was always there for me throughout the entire process. She worked around my schedule and was very consistent about helping me in any way she could. If I could give this team 6 stars I would!! I highly recommend to anyone looking for the best team! I had the privilege of working with Zinda Law Group recently and was thoroughly impressed with the level of service and support they provided. When we began, I had reservations about the likelihood of reaching a settlement, but the team's professionalism, intelligence, and dedication quickly put those doubts to rest. They went above and beyond to ensure that I was informed and comfortable throughout the process, and their hard work and strong advocacy ultimately led to a successful outcome. I cannot thank Zinda Law Group and their staff enough for their exceptional service and support, and I would highly recommend them to anyone in need of legal assistance. Their commitment to their clients and their willingness to fight for what's right truly sets them apart. In short, I give them a rating of five stars for their outstanding work. Zinda Law Group is amazing! My husband was in an accident and they made the process super easy and hassle free. They took care of everything, we are so appreciative for them! They exceeded our expectations. We will definitely be telling everyone we know about them. Thank you Zinda Law for everything! Zinda Law Group is an amazing firm! My case was not without its challenges, but they handled it all in stride. They kept me up to date, kept me informed every step of the way, and ensured I understood the process and all of my options. Burgess, Ryan and their extremely capable staff of Paralegals made a very challenging process as painless as possible. They were kind, compassionate, and patient, and just a real pleasure to work with. I would, and will, recommend them highly to anyone needing an attorney. My experience with Zinda Law Group was pretty awesome. I definitely would recommend their Law firm. Brendan and his team were very friendly, helpful and informative about my case and were able to win as well. I really appreciate all of their hard work and dedication, I highly recommend.Thank you all again for your help and your time.Sincerely,Pat.b I was very satisfied with the professionalism of my attorney and the paralegals, they helped me threw this accident and got me a great settlement, all while keeping me involved and informed. Zinda law group made me feel comfortable and I trusted them to fight for me. The trust was well placed! Thank Yous, I appreciate all that Yous done for me and my family!! I’ve had such a great experience with Zinda law group! They’ve handled everything relatively quickly and professionally. They really have made my life a lot easier. I recommend anyone dealing with auto accidents (or similarly) to Zinda Law group.I felt I was very important to them and that my feelings and thoughts were validated. They treated me with much care and respect, not like “just another client”. I couldn’t have asked for a better team. I truly recommend Zinda law group they truly helped me and my family during such a hard hard time. Very accommodating they work extremely hard to make sure that you are compensated from start to finish they made it happen and made a rough time a lot smoother than I could of ever imagined thank you all for everything if you are looking for a lawyer that goes above beyond look no further Michael will get you taken care of! Zinda Law did an excellent job for us from start to finish. They communicated clearly and their staff was great! My son Nic was in a car accident and had an injury to his eye. Zinda Law took care of everything start to finish and obtained the maximum amount possible from insurance for his injury. I am so glad I called Zinda law group. being hit by a drink driver was the worst experience of my life physically and emotionally. As soon as I reached out they got the ball rolling with all my medical needs. They were in contact with all of my appointments and made my recovery as smooth as possible. I would definitely without a doubt recommend them. A huge shout out to Shivangi for taking over and fighting for what my family and I deserved. My experience with Zinda Law Group has been OUTSTANDING! Big shoutout to Joe Caputo and his team!I was the passenger in a terrible car accident that left me needing medical attention. The person at faults insurance company reassured me that my medical bills would be taken care of. However, that was not the case. I started receiving multiple calls from debt collectors, and bill after bill by mail. The driver’s insurance company no longer returned my calls, and emails went unanswered. I was so stressed and over my head with how to handle the situation. It was time to call the pros! As soon as I made the call to Zinda Law Group, Joe and his team I were on it! I no longer received calls from debt collectors, so I knew action was taken immediately. I was informed every step of the way, and every call/email was answered. Had I called sooner, I would have never gone through all that stress. I was treated like a friend, not just a client.Thank you Zinda Law Group! I hired Zinda for a crazy situation involving an 18 wheeler where an object flew off a trailer and blasted through my windshield.I reached out to Zinda and spoke with Michael Cupero, my attorney at Zinda, after the accident once I realized this is affecting my day to day life in a significant way (PTSD from a "Final Destination" type of incident) and Michael was nothing short of fantastic through the entire process.The Zinda team, including Michael and Mary-Catherine Holt and several others, guided me through the entire process from initial settlement offers, filing the lawsuit, depositions, the whole 9.They listened to my concerns, provided clarity and perspective when needed, and not once did I feel that my best interest was not at the forefront of their actions and behavior through my experience as a client.Thank you Michael, Mary-Catherine and Zinda!If you want a team that will treat you with professionalism, respect, and understanding then do yourself a favor and reach out to Zinda! Extremely professional and communicative . They explained the process as we went along and made it very clear weighting pros and cons. They understood my pain and my worries but kept their expertise always on the top of things finding elements for me to win my case. I am thankful to have had Zinda Law Group to support me during those two years as it finalized and I can keep on living. My experience with Zinda law group has been wonderful from start to finish. Natasha and Emily explained everything very well and answered any questions I had, communicated well throughout the whole process , and handled the case very professionally, they worked very hard on my case I would definitely highly recommend to friends and family. I found myself in a situation where I needed legal representation. After looking over reviews in the area, I decided to contact Natasha at Zinda law group in the hopes that she could represent me . Natasha put me at ease with her responsiveness and her ability to accommodate my last minute needs. I had no idea what to expect. It felt like a wave of relief knowing that you're working with a professional that knows what she's doing, and knows how to get things done quickly and efficiently. I appreciate the time and attention that Natasha put into my case. I hope I won't be needing their services again in the future, but I would absolutely contact them again if I do. Thanks again I am very satisfied with the service and the outcome of my case.Since the first phone call, and every step of the way until the end, Zinda Law was on top of every detail pertaining to my auto accident case.The case is now closed, and looking back, they made every step of the process easy and manageable. They were very thorough in explaining the different scenarios, and extremely transparent with all the possible outcomes.Thank you to every person who aided in the success of my case, all of whom were exceptional in their tasks and working as a team. The Zinda Law Group was outstanding in helping me with my aunts case. My two Attorneys Neil and Shivangi were very compassionate, kind, eager to help, and really listen carefully and attentively to my case about my aunt. My aunt got hit by a driver while crossing the street and killed. I went after the guys insurance; although, this doesn't bring back my aunt, but allows for this not to happen to other people like this in her case. These attorneys worked very hard and efficiently to bring the justice that they saw fit. When I had a question they explained in terms I understood and not above and beyond me. I appreciate it when people can come down to my level and not intimidate and use trepidation on someone in feeling like they are the fly while they're the spider waiting for the right moment for the fly to walk into its web.Neil and Shivangi always whenever they called asked me how I was at the beginning of our conversations and is there anything I needed at the end of each call. Each call they made to me, was made very professional, personable and felt heart felt as if you were part of the family. At the end of each subject matter they always asked, "Do you have any questions for me before we go to the next thing we need to talk about?" They always wanted to make sure I understood everything before the next item we needed to talk about. These guys really are good and want to please the client anyway they can I thought; when I first started talking to them. I give them above and beyond a 5-Star rating if there was such a thing. I Highly Recommend The Zinda Law Group to Anyone who needs them. This is what I give them if I could!!💯💯💯💯💯 and👍👍👍👍👍 and⭐⭐⭐⭐⭐❗❗❗THANK YOU TO NEIL, SHIVANGI, MARA AND TO EVERYONE AT THE ZINDA LAW GROUP WHO WORKED ON MY CASE!! I APPRECIATE YOU ALL! I would like to recognize a fantastic attorney named Joe Caputo from Zinda Law Group. I was involved in an auto accident that had many complicated moving parts that were hard to navigate and understand as a victim. Joe was so gracious and spent quality time explaining what courses of action I needed to take as a victim to protect myself. Joe was also diligent in following up with me regarding my case and provided guides and checklists that were extremely helpful to keep things organized and moving. Joe was always readily available for my questions and responded promptly. Joe Caputo's excellent counsel ensured I protected myself when dealing with the opposing insurance company and ensured the best possible outcome for my case. Joe's expertise in personal injury lawsuits helped alleviate the stress and anxiety that follows the aftermath of an auto accident. Thanks again Joe! You are truly an amazing, kind person and attorney! Zinda Law was incredibly amazing. I had the pleasure of working with Michael and his incredibly hard working team after my wreck in November. They went above and beyond keeping up with my health, bills, insurance companies, all that fun stuff I had no time for. After what felt like such a short amount of time, they were able to win every last penny from the "bad guys" insurance (loved that term). I couldn't happier, and even though I went through something traumatic, it was still the best experience I could have ever asked for. Thank you Michael and everyone that helped with my case, yall are the best!! My attorney was Christina , she and her team gave me the best outcome for my case .I am giving an honesty review at first I was very upset because I kept getting moved around and I never knew who I was talking to because they switch attorneys and kept changing my paralegals.. I was going to go with another law firm but Christina helped me with my case from then on out and she worked around my schedule to talk to me which I appreciate. Also my last law firm took 30 percent, and this one took 33 percent which I wasn’t to happy so just a heads up. Overall I rate this 4 stars cause I’m just happy the case is over with and I get to go back to my life.Update: I just received another call from my attorney and they have worked to negotiate my case with the billing and have put more money in my pocket. All the money that I had spent while working on the case has came back to me. I can fully move on and say that I have gain every penny that was lose during those hard times. I’m so happy and thankful to Zinda law group!!!!!! Zinda Law Group did an excellent job with my case. The staff was super friendly and super effective as far as communicating with me throughout the entire case. I highly recommend Zinda Law Group for your next case and for any of your future cases. 5 Stars across the board thank you so much for everything! Joh Harper, Priyonka Bhikha, and the rest of the team gave my case a quick and satisfactory conclusion. The attorney, Mr. Harper did an absolutely amazing job keeping me on the same page as far as the case goes. Honestly, if anybody is hurt in a car wreck or another personal injury case, I WILL STRONGLY RECOMMEND THAT YOU SPEAK TO THEM. I was in a motor vehicle collision about two years ago. From the minute I picked up the phone to speak with a representative to the case finally settling, it was a great experience. I worked with Burgess Williams and his team (Kathy, Ryan, and Linda) throughout the process. They were all very professional and helpful when I needed them the most. Great Firm. I was in motorcycle accident- T-boned at a full stop with my daughter riding on back. Zinda's team was instantly responsive. Christina was very compassionate, organized and scheduled time before every legal event to discuss goals and overview. The process was 2 years but during that time the lawyers and staff (John and Shane were also great) were always available and understanding. The team is focused on doing what is right and by the book. I would highly recommend this firm to anyone who is suffering from a motorcycle accident. Jason Aldridge and his paralegal Mara did an absolutely amazing job on my case. They were very responsive to all emails, calls and even texts. They treated me with dignity and respect from start to finish. I never once felt like my case was at the back of the list or anything. Not only did they explain and walked me through everything, they got me the help I needed and a final outcome over what I had expected. I would highly recommend this law firm, Jason and Mara to anyone seeking legal assistance. Highly Recommended-100% Satisfied!.From the initial phone call I felt confident I chose the right firm. They explained the process and I was always in the loop, even when we were at a stand still. Very grateful I was quickly referred to them by a friend who had a similar case. Both of us are happy with the end result. Thank you! My team of lawyer were very professional and communicated extremely clearly. They kept me updated on their status and did not make me worry at all about my situation. They explained everything to me very well and put things into simple terms for my understanding. I am very satisfied with their performance. I would recommend them to anyone that's been involved in an accident and feels skeptical in engaging an attorney.When one gets into an accident, you're traumatized, confused, angry and helpless.That was me last year, getting all kinds of advice becomes your next norm, to use or not to use an attorney.I was in so much pain from my injuries but at the same time knew I had to act fast.I called Zinda Law Group for consultation, they took my case seriously and treated me with respect, they were very professional and understanding.Elizabeth, kudos to you, you're true to your word, Integrity should be your last name.Jason Aldridge my attorney went to work immediately, he assured me that all be well and I should concentrate on my healing and he will do the rest. Thank your Sir, You did just that.His team, Mara, Zuleyma and Andrew, they all become my support system, so professional and lots of respect in each and everyphone call or email. Thank you guys.I would recommend anyone to use Zinda Law Group. I honestly loved not dealing with the hospital bills while I was recuperating. It gave me peace of mind going through this process and Zinda took care of everything. They found awesome health providers for me and haven't had to worry about anything while they've been taking my case. I've been well informed, communicated with, responded to and understood by Zinda. They have been efficient and effective while working on my case and I'm so glad I choose to go with this law firm. When I was injured in a car accident in March of 2020 the insurance companies were not concerned with my well being. I called Zinda Law group & spoke with Reagan, who went over my concerns & later had Jono contact me. After reviewing my information with Jono my case was immediately put in motion. I worked mainly with Sam Thomas who truly was a blessing to me, he was very supportive & genuinely concerned with my well being, everything wasn't simply about the case it was about me being healed & getting the proper treatment that I needed. Sam was also emotionally supportive when I went through several losses in my family & is a great friend. In all everyone was extremely supportive & all worked for me which was quite a different legal experience for me from Law groups in my past. I was well supported, always informed, treated with respect & made the priority in all decisions. Zinda Law Group made sure I was compensated completely & that I didn't have financial stresses over hospital bills after all was said & done. Sam, Katrina, Mary Catherine, Reagan & Jono I just want to thank you & all of Zinda for the incredible experience & the wonderful caring people that you all are, you are truly Golden in your field. I am so glad I got in touch with Zinda! My car accident occurred just 4 days prior to moving, during the busiest week of the year at my job, and just a week before the quarantine was declared a new reality for all of us. Everyone at Zinda remained persistent, supportive, and most of all advocated for me throughout such a chaotic time. I’ll always be grateful for the care they took to make sure my health and well-being were taken care of. So super grateful to know that a split second mistake someone else made doesn’t have to dictate my life. Thanks! My experience with Zinda Law Group was better than expected. After an accident that totalled my car, I reached out and was paired with a wonderful attorney. She communicated frequently and responded to my calls and texts in a timely manner. She was friendly, knowledgeable, and answered all of my questions. I was kept in the loop during every step of the process. I would call Zinda Law if I ever need this type of support again. I had an excellent experience working with the attorneys at Zinda Law Group! They were knowledgeable, professional and patient. They walked me through every step of the long process of getting treatment after my car wreck and kept me updated with timeframes and next steps. I would absolutely recommend anyone working with them! I was referred here by a family member. Our lawyer jason and his team did and amazing job. They kept me updated in everything made sure I understood what was going on. My son was hit by a van in the hospital jason came right over. He's awesome so much down to earth straight forward. I would recommend him and his firm to everyone and I have thank you zinda but most of all thank you Jason for being there for us for being a friend Zinda Law Group was recommended to me from another satisfied client and I certainly received excellent service. The attorneys and staff are very proactive with communication and I knew every step of the way what was happening on my case. I never felt pressured with decision making and they went above & beyond to answer questions with satifactory explanations. This is a very professional group of attorneys & support staff. In addition, they were willing to meet me at a location more convenient for me. I appreciated their concern for my time. Could not speak highly enough of the firm. I was involved in my first accident and thankfully had Zinda Law Group supporting me through the scary time. Jono took care of me every step of the way. He made me feel like I was a priority through the entire process. A big thank you to Jono and the rest of the Zinda crew!
Do I Need a Lawyer?
Consulting a lawyer is often your best option when considering filing a wrongful death claim. Wrongful death claims can be confusing and mentally exhausting. An experienced wrongful death attorney can help you better understand the process, explain potential outcomes, and advocate on your behalf in an effort to pursue maximum compensation. If you want to seek maximum financial compensation for your loss, you should certainly consider consulting an experienced wrongful death attorney.
Learn More: Why Hiring A Personal Injury Lawyer Will Help Your Case
GET HELP FROM EXPERIENCED WRONGFUL DEATH LAWYERS
At Zinda Law Group, our wrongful death attorneys have helped many families seek the justice and the compensation they deserved after suffering the loss of a loved one. We have the knowledge, experience, and resources necessary to help you through this difficult time, and as our client, you will pay nothing unless we win your case.
We’ve Helped Wrongful Death Clients Nationwide Including:
Motor Vehicle Collision
Motor Vehicle Collision
Motor Vehicle Collision
Motor Vehicle Collision
Motor Vehicle Collision