Sometimes life is taken suddenly in fatal accidents that may have been avoidable. If your loved one was killed by the accidental or intentional actions of another party, you may be entitled to compensation.
To get the compensation your family deserves, you must file a wrongful death lawsuit. These cases are normally hard to win, so you will likely need a fatal accident lawyer in Horn Lake to successfully recover the maximum amount of compensation possible. To get the help you need, contact the legal team at Gatti, Keltner, Bienvenu & Montesi PLC.
The Definition of Wrongful Death
Federal law states that “wrongful death” is defined as any case wherein the death of a person occurs as the result of crime, criminal behavior, negligent actions, or the use of a product that was manufactured defectively. In a sense, you could claim that wrongful death suits can be filed whenever a person’s death was accidentally or intentionally caused by another party. Some common examples of wrongful death cases include instances that involve:
- Fatal car accidents that were caused by negligent drivers
- Defective products that fatally injure users
- Criminal actions, like murder or drunk driving
- Medical errors and malpractice
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Who Is Entitled to Compensation for Fatal Accidents?
To file a wrongful death claim following a fatal accident, you must have strong ties to the person who was killed. Many assume that being a family member is enough to qualify you to file a claim. This is not the case.
Only certain family members qualify to file a wrongful death claim on behalf of their loved one. These family members include:
- The surviving spouse of the deceased
- Any children of the deceased person when no spouse survived
- The deceased person’s parents, if no spouse or children survived
- The executor of the estate if no family members survived
Sometimes other family members may be eligible to file, but most states bar cousins, grandparents, siblings, and adopted children from filing. To find out if you are eligible to file, you may need help from a Horn Lake fatal accident lawyer.
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Recovering Compensation in a Wrongful Death Lawsuit
The purpose of filing a wrongful death claim is to get compensation from the party that caused your loved one’s death. What compensation you are entitled to depends on what damages you claim. There are two primary categories of losses that can be pursued in a wrongful death lawsuit.
The Value of the Decedent’s Life
The opportunities lost when an individual dies are hard to measure, but civil courts attempt to provide families with compensation equaling the value of the deceased person’s life. In this category, there are a variety of damages that can be claimed, such as:
- Wages, services, and benefits that the deceased could have earned if they survived.
- Care, guidance, consideration, and companionship that the decedent may have administered had they survived.
Financial Losses Associated with the Death
When someone dies, there are often a variety of expenses associated with the end of their life. For example, medical bills they incurred while still living must be paid. Likewise, the funeral and burial or cremation costs can amount to a significant amount.
Any other relevant expenses associated with their death should be included as damages as well, within reason. Do note that this category of losses can often only be claimed by the executor of the decedent’s estate.
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You Need a Fatal Accident Attorney in Horn Lake to Fight for Justice
Winning a wrongful death claim following a fatal accident is not easy. Quite often, the defendants in these cases are health care facilities, trucking companies, manufacturers, and other large organizations. To prove that their negligence is what caused your loved one’s death, you will need to build a strong case that highlights all of the relevant evidence.
Doing so requires support from a Horn Lake fatal accident attorney. Depending on the type of claim you are making, you may need to recover different types of accidents. For example, if your loved one’s fatal injuries were caused by a doctor’s negligence, you need to prove that the doctor was negligent and then also prove that the negligence is what caused your loved one’s death.
Hospitals and other health care facilities usually have legal teams whose job is to protect their employees and employers from liability, so winning such a case requires a significant amount of legal expertise. To get what your family is rightfully due, work with a Horn Lake fatal accident lawyer. They understand how to collect the evidence you will need to win your case.
An attorney will also have the litigation skills needed to negotiate effectively with large organizations and their legal teams or insurance adjusters. You can get the justice you deserve as soon as possible by getting an attorney on the case immediately.
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As the survivor of a victim of a fatal accident, you may be eligible to recover compensation for your losses and the losses incurred by the deceased person before they died. In many instances, survivors lose the resources that they need to support their other surviving family members, so recovering compensation is often critical. Yet, the defendants in these cases often know you need help and still refuse to accept liability and provide compensation.
At this point, it is time for a Horn Lake fatal accident lawyer to step in and provide you with the support you need to win fair compensation. At Gatti, Keltner, Bienvenu & Montesi PLC, we respect our clients and offer them care and compassion throughout the process of filing a wrongful death claim. Understanding that this is a sensitive time for you, we do everything in our power to ensure that you have the support you need to navigate a legal claim effectively while you are grieving.
The first step towards recovering compensation is having your case evaluated by a Horn Lake fatal accident lawyer. To get in touch with one of our attorneys today, use the contact form on this page.