Wrongful Death Cases Require an Attorney With Experience and Determination
Coping with the tragedy of losing a loved one through a wrongful death case is difficult, challenging, unimaginable, and overall tragic. Many families realize that the death could have been prevented and that creates an intense feeling of pain and anger. Families have the right to channel those emotions into a lawsuit claim against the defendant.
If you know that your loved one’s life was lost as a result of someone else’s actions, it’s time to take legal action. With the assistance of the Law Office of Javier Martinez, Jr., P.C., you can secure a compensation that also provides justice for the wrongdoing of another individual or group.
What is Wrongful Death?
A wrongful death is considered a death caused by negligence or recklessness by another person, group of people, or entity. Immediate family members have the right to seek compensation for the loss of their loved one including emotional and financial damages. This may include spouses, parents, and children.
There are four components involved in wrongful death cases, they include:
- Breach of duty: A breach of duty involves proving that the defendant was negligent or failed to follow his or her duties in order to maintain the victim’s health or security. For example, doctors or medical providers have the obligation to maintain a patient’s health.
- Causation: In addition to showing how the defendant breached his or her duty, it’s necessary to prove how actions against the deceased led to his or her death. There must be sufficient evidence to provide a cause of death.
- Damages: Damages may include a loss of protection, loss of income (current and potential), medical expenses, pain and suffering, funeral and burial costs, and other quantifiable hardships.
- Negligence: Surviving members must prove the death of their loved one was a result of partial or full carelessness, negligence, or recklessness by the defendant.
Common Causes of Death
The causes of wrongful death cases ultimately vary. Defendants can be people or groups who solely or collectively acted together.
The most common reasons include:
- Automobile accidents
- Medical malpractice
- Product defects
- Negligence at daycares, adult centers or assisted living facilities
Compensatory Damages in Wrongful Death Cases
The majority of damages in these cases as classified as compensatory since the compensation involves a monetary reward. Damage may include financial losses as well as psychological sufferings. Damages our firm may help you recover include:
- Pecuniary losses: Pecuniary losses may include money that was lost as a result of the person’s death.
- Loss of inheritance: As surviving relative may prove that the loss of a loved one resulted in the loss of an estate or financial business.
- Loss of companionship: A spouse or child can sue the defendant for the loss of love, comfort, and support.
- Mental anguish: Mental anguish damage may include suffering that followed after the event such as emotional distress or depression.
Who Can Be Awarded Damages?
Depending on the situation, a wrongful death lawsuit may go many ways and be brought forward by various family members of the deceased. A court will consider factors such as the relationship between the deceased and the relative.
Damages may be awarded to:
- Surviving spouses. A surviving spouse has the right to file a claim for the damages that resulted from the deceased’s death such as loss of income, loss of companionship, and emotional trauma.
- Children. Typically children, not adults, can be awarded a compensation for the death of their deceased parent, which includes loss of support and comfort.
- Parents. If the deceased does not have have a surviving spouse or child, parent’s may recover compensation for their own emotional trauma.
Who Can Be Sued for Damages?
A wrongful death lawsuit can essentially take place in a wide variety of places and by different people or groups. For example, an intoxicated taxi driver could have killed a pedestrian crossing the street or the drivers inside the vehicle. The driver and the company who employed the worker can be brought forward as the defendants. Other examples may include a manufacturer of a children’s toy that caused a child’s death by failing to inspect the item properly.
Other defendants may include:
- Builders or construction companies
- Medical providers
- Government agents
- Business owners
If You Lost a Loved One, Seek the Legal Assistance You Need to Secure Your Well-being
As a wrongful death attorney for families in El Paso County and those within the New Mexico area, Javier Martinez, Jr. provides legal assistance to families of survivors who lost their lives through a tragic event. We handle these situations with the most sensitivity, compassion, and care. Our role as your legal team is to provide you and your family with the support you need to recollect your life following such a painful situation. Please connect with us today.