Wrongful Death Overview
What is the Purpose of a Wrongful Death Lawsuit?
While never an easy task, the main purpose of a wrongful death lawsuit is to hold the responsible parties financially accountable for their actions. In most cases, the responsible party is forced to compensate the victim’s family for their loss. However, another important purpose in every wrongful death case that we handle is to force the responsible party to alter their behavior so that no other family has to suffer in the same way.
In our experience, most family members want to know that their loved one did not die in vain. Our firm fights not only to make sure that the responsible parties fully compensate the family for their loss, but also to make the world safer for everyone else in hopes that it doesn't happen again.
During your grieving period, consideration of a wrongful death lawsuit may not seem urgent. However, wrongful death cases must be filed within a specific time period (called a statute of limitations), or you risk losing your right to financial compensation. It is important to talk with a wrongful death attorney so any deadlines are not missed. A personal injury attorney is an important factor which may determine the outcome of your claim. Every claim is different and must be evaluated on an individual basis.
Take your time. At the Phillips Law Offices, we know that this is a difficult time for you and your family. You need time to determine the full extent of your financial losses as well as understanding the need for pain and suffering compensation. When there are dependents involved - children, a spouse, aging parents, and other family members - their needs should be considered in a wrongful death settlement.
The Phillips Law Offices represents families in a wide range of wrongful death lawsuits and settlement, including those involving:
- Fatal car crashes: If your relative was involved in a fatal motor vehicle accident - motorcycles, autos, trucks - our firm will investigate the case and assure that all liable parties are named in a lawsuit.
- Workplace accidents: In the event of an accidental death at work, you need an experienced attorney to help your family recover the compensation you need.
- Dangerous products: The experienced lawyers at the Phillips Law Offices will look for the root causes in an accidental death. If a dangerous product caused the accident or made the results worse, we will pursue a dangerous products lawsuit. In vehicle accidents, "products" such as seat belts, airbags, roll bars, tires, and seats often contribute to the seriousness of injuries.
- Dangerous Property Conditions: If dangerous property was responsible for your loved one's death, our wrongful death law firm will investigate and file a gross negligence claim on behalf of you and your family.
- Dangerous drugs: Did a dangerous prescription drug cause a relative's death? The Phillips Law Offices has the resources and determination to pursue dangerous drugs for our clients.
Filing a Wrongful Death Claim
When a defendant is responsible for the victim's death, the Phillips Law Offices will help you establish a dollar amount for the related damages. In a wrongful death lawsuit, damages can include compensation for medical expenses, funeral arrangements, loss of income, and pain and suffering related to the victim's untimely death. Regardless of the defendant's intent, a person or company can be charged in the lawsuit if their actions contributed to the injury or if they failed to prevent the injury that caused the death. Wrongful death attorney Michael Phillips and his professional staff will always provide you the best options for obtaining restitution for your damages.
Avoiding Civil Actions in a Wrongful Death Case
The first step in a wrongful death lawsuit is to present the claim for damages to the insurance carrier for the defendant. In these types of legal actions, the insurer will most often become involved very early on and will be motivated to negotiate a settlement with the surviving family member. At this point, it is always in your best interest to retain the services of an experienced attorney who can help you fight the big insurance companies. After all, their insurance adjusters goal is to settle the case for the least amount of compensation.
Preparing for a Wrongful Death Lawsuit
If a reasonable settlement cannot be negotiated with the insurance company, the Phillips Law Offices will file a wrongful death lawsuit for you. We believe that it is very important to get a full picture of your deceased loved one’s life when preparing to file a wrongful death claim or lawsuit for the family. Chances are that we never had the opportunity to meet your loved one before his or her unexpected passing. To fully portray who your loved one was and convey the scope of your loss to a jury, we will do our best to get to know your loved one by talking to you, your friends, and other family members. We want to obtain the maximum recovery possible for you and your family.