Multistate Wrongful Death Attorneys Serving Families in Multistate of United States

Losing a loved one is always painful, but the grief can feel even more overwhelming when the loss results from someone else’s negligence or wrongful actions. If a family member’s death was due to another party’s misconduct, you may have grounds for a wrongful death claim to seek compensation for the financial and emotional impact. At Keller Swan Injury Attorneys, we understand that no financial recovery can replace a loved one. However, obtaining justice and financial security can alleviate some burdens during this difficult time. Our experienced attorneys handle wrongful death cases across multistate, supporting families as they seek the compensation they deserve.

Understanding Wrongful Death and Its Common Causes

A wrongful death occurs when an individual loses their life due to someone else’s negligent or intentional actions. These cases can arise in various circumstances, including motor vehicle accidents, workplace incidents, or unsafe premises. Our team of attorneys at Keller Swan is well-versed in the intricacies of wrongful death laws and understands how to pursue these cases effectively.

Common Types of Wrongful Death Cases

Each wrongful death case is unique, but some of the most common circumstances leading to wrongful death claims include:

• Motor Vehicle Accidents: Car, motorcycle, and truck accidents remain the leading cause of wrongful death cases. Distracted driving, drunk driving, and reckless driving often contribute to fatal crashes.
• Medical Malpractice: Medical negligence, such as misdiagnosis, surgical errors, or medication mistakes, can have fatal consequences.
• Workplace Accidents: Dangerous workplaces, especially in construction, can lead to fatal accidents if safety protocols are neglected.
• Premises Liability Accidents: Unsafe premises, such as slips and falls, faulty staircases, and lack of security, can lead to severe injuries and death.
• Product Liability: Defective products, including vehicles, machinery, or medications, can be deadly and may lead to claims against manufacturers or sellers.

Part I: Building a Wrongful Death Case

Steps to Establish a Wrongful Death Case

A wrongful death case requires proving that someone else’s actions or negligence caused your loved one’s death. To build a strong case, you and your attorney must work through several essential steps:

1. Open an Estate: The first step is establishing an estate on behalf of the deceased. A court must appoint an administrator or representative for the estate.
2. Prove Duty of Care: Establish that the defendant owed a duty of care to the deceased. For instance, drivers have a duty to drive responsibly and safely.
3. Demonstrate Breach of Duty: Show that the defendant violated this duty of care. In a car accident, for instance, the breach might be texting while driving or failing to obey traffic signals.
4. Establish Causation: Prove that the breach of duty directly led to the death of your loved one. Causation links the defendant’s actions with the resulting fatality.
5. Show Damages: Document the damages suffered due to the death, which may include lost wages, medical bills, funeral expenses, and emotional suffering.

High-Profile Wrongful Death Cases (2013-2024)

Over the past decade, wrongful death cases have made headlines and highlighted the importance of legal recourse for families:

• 2018 Ride-sharing Accident in Arizona: A self-driving car from a major ride-sharing company struck and killed a pedestrian. The case raised questions about corporate liability, leading to industry-wide safety reviews.
• 2021 Fatal Workplace Incident in a Meat Processing Plant: The family of a worker who died from COVID-19 complications sued the employer, alleging that the company failed to implement adequate safety measures.
• 2023 Building Collapse in Florida: A condo building collapse killed multiple residents, resulting in numerous lawsuits against the building’s management and contractors for negligence in building maintenance and safety compliance.
• 2024 Medical Malpractice in New York: A major hospital faced a wrongful death lawsuit after a misdiagnosis led to a patient’s preventable death. The case highlighted critical lapses in patient care and prompted policy changes.

Part II: Recovering Damages and Legal Representation

Who Can Recover Damages in a Wrongful Death Case?

In wrongful death claims, family members or representatives of the deceased’s estate can seek damages. Each state’s laws specify who may bring a wrongful death claim, typically including:

1. Spouses: A surviving spouse may claim damages for lost companionship, emotional distress, and financial support.
2. Children: Minor children may seek compensation for the loss of parental guidance and emotional suffering. Adult children may also be eligible under certain conditions.
3. Parents: Parents of a deceased child may recover damages in cases where the child’s death causes substantial emotional and financial impact.
4. Siblings and Other Dependents: Some states allow siblings or other dependents to recover damages if they were financially dependent on the deceased.

Damages Recoverable in Wrongful Death Claims

When pursuing a wrongful death claim, the damages recoverable can include both economic and non-economic losses:

• Medical Expenses: Covers the medical care the deceased received prior to their passing.
• Funeral and Burial Costs: Expenses related to funeral services and burial are compensable.
• Loss of Income and Financial Support: Compensation for the wages and financial contributions the deceased would have provided to their family.
• Loss of Companionship and Guidance: Surviving family members may seek damages for the emotional impact of the loss.
• Pain and Suffering: In cases where the deceased experienced pain before passing, pain and suffering damages may be pursued.

Our attorneys at Keller Swan are committed to ensuring families recover the full scope of damages they are entitled to in these tragic cases.

FAQs: Common Questions About Wrongful Death Claims

1. What is the statute of limitations for wrongful death claims?
   Each state sets a statute of limitations for filing wrongful death claims, typically ranging from one to three years. Consulting an attorney promptly helps ensure you file within the permitted time.
2. Can I file a wrongful death claim for medical malpractice?
   Yes, wrongful death claims can result from medical malpractice. These cases involve proving that medical negligence directly caused the fatality.
3. Who can file a wrongful death lawsuit?
   Immediate family members, including spouses, children, and in some cases, parents, may file a wrongful death lawsuit. Some states also permit siblings or dependents to file.
4. How is compensation calculated in wrongful death cases?
   Compensation factors in lost wages, medical bills, funeral expenses, and non-economic damages like emotional suffering and loss of companionship.
5. What if the deceased shared fault in their death?
   Some states allow recovery in cases of shared fault. Your potential compensation may be reduced based on the deceased’s percentage of fault.
6. Can I recover punitive damages in a wrongful death case?
   Punitive damages may be awarded in cases where the defendant’s actions were especially reckless or egregious. Your attorney can assess whether punitive damages apply.
7. Can siblings file for wrongful death?
   In certain states, siblings or dependents who relied on the deceased may have a right to file a claim. Eligibility varies by jurisdiction.
8. How long do wrongful death cases take to resolve?
   The timeframe varies depending on the case’s complexity. Simple cases may settle in months, while more complex cases can take years.
9. Are wrongful death settlements taxable?
   Typically, wrongful death settlements are not subject to federal income tax. An attorney can guide you on any applicable tax considerations.
10. How does a wrongful death lawsuit differ from a criminal case?
    A wrongful death lawsuit is a civil action seeking financial compensation, while criminal cases pursue punishment. Both can arise from the same incident.

Why Choose Keller Swan Injury Attorneys for Your Wrongful Death Claim?

Keller Swan Injury Attorneys has a deep commitment to representing families in wrongful death claims. We bring a compassionate, results-driven approach to these sensitive cases, ensuring our clients receive the support and financial recovery they need.

• Multistate Reach: We serve clients across multistate, offering experienced legal counsel tailored to each state’s wrongful death laws.
• Comprehensive Legal Knowledge: Our attorneys understand the nuances of wrongful death cases and how to build compelling claims for maximum compensation.
• Proven Success: We have a history of obtaining high-value settlements for our clients, allowing families to move forward after unimaginable losses.

Contact Keller Swan Injury Attorneys for a Free Consultation

If you’ve lost a loved one due to another party’s negligence, contact Keller Swan Injury Attorneys today for a free, compassionate consultation. Our team will help you understand your rights and fight for the justice and financial recovery your family deserves.