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Bagen Law Blog

Losing a Loved One to Wrongful Death

Posted by Steven A. Bagen

Jul 26, 2019 9:05:00 AM

Legal advice - wrongful deathThe death of a loved one leaves a hole in our lives we can never fill. The pain of a tragic loss is more than enough to bear during the process of grieving, and can make shouldering other responsibilities, like memorial details, overwhelming. Obtaining legal advice, in addition to support, during this time is critical to navigating the difficult road ahead. 

This is even more critical when the loss of a loved one was the result of a wrongful death. Legal assistance can ensure you receive any compensation you are entitled to, which may ease the financial burdens that accompany an unexpected death. It may also allow for greater security in the wake of such a terrible time.


What is Wrongful Death?

By law, a wrongful death is a death that is caused by a wrongful act perpetrated by another person. This act may be intentional, or it may be an unintentional or negligent act. Examples of a situation in which you can seek this type of charge can be deaths that happen in an automobile accident, a death that occurs in the course of a criminal act, a death as a result of medical malpractice, or a death that happens because of a defective product.

This situation differs from a murder in that, while a murder is an intentional killing of another person, a wrongful death can be caused by negligence. These laws are not meant to punish the one who caused a death, but instead to offer a means for those who have suffered the loss to receive compensation to ease the burdens that resulted.

It is worth noting that a person may be charged with both murder and a wrongful death lawsuit. Murder cases are criminal charges, while wrongful death suits occur in civil courts. By this reasoning, charging a person with both does not constitute double jeopardy.


Who Can Seek Compensation

Spouses, children, and blood relatives who had a partial or total dependence on the deceased person for financial support may be able to seek compensation for this sort of death. When pursuing a claim, the person seeking compensation must be able to prove that the actions taken or not taken by the person being charged were the cause of death.

A person may be able to receive recompense for funeral expenses, medical expenses, a loss of family support or income, emotional suffering caused by the death, anguish, and loss of companionship, or the loss of parental guidance and supervision for children.


Compassionate Assistance in Trying Times

If someone close to you has suffered a wrongful death, especially from a traffic accident, and you need legal advice to help you receive proper compensation, contact Steven A. Bagen & Associates. Our experience in the field can take a weight from your mind, leaving you free to give your attention to your family in this difficult time.

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Topics: Wrongful Death, auto accident