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What Is the Legal Definition of Wrongful Death?

“We understand death for the first time when he puts his hand upon one whom we love.” – Madame de Stael.

The unfortunate truth is that thousands of people are fatally injured in accidents and situations caused by someone’s negligent actions. Preventable actions result in our loved ones taken away in the blink of an eye and there’s not much anyone ever feels they can do about it.

During the time following the death, there are plenty of emotions felt by the family of the one lost: grief, shock, sadness, and more. They only wish that they could do something to bring their loved one back, but that’s not a possibility.

While it doesn’t remove the hurt and pain, legal action may be considered by the family if the cause of the death was negligence. It may not replace their loved one, but it can help knowing the person responsible was held accountable for their actions.

Taking legal action means recognizing the aspects of this type of situation, as well as fully understanding how the law constitutes wrongful death. Before you move forward, it’s important to inform yourself on the critical factors that you should understand most.

The Legal Meaning of Wrongful Death

In the simplest of terms, wrongful death refers to the death of an individual when the cause of the death is a reckless or negligent action by another party. This includes individuals on the road, companies who make dangerous products, and more.

This area law allows for certain individuals in the decedent’s life to pursue legal action against the negligent party who caused the fatal injuries through their actions. The legal action is done to pursue justice, hold the individual or entity responsible, and seek compensation.

When these legal matters arise, it’s important for the family to fully understand what rights and options they have to move forward. Often times, this means having a strong legal advocate explain the situation to you, even during a time when legal matters are not at the forefront of your thoughts.

Why Legal Action Is So Important In a Wrongful Death Case

We get it; after someone passes, the last thing we even want to consider is going through a long process in which we’re forced to relive the details of the accident again. It’s a stressful and anxiety-ridden time that nobody should have to endure.

However, legal action is necessary. And it’s not just about the compensation you may receive if you are successful in your case against the negligence party. It’s about bringing the negligence to light and putting a public spotlight on the wrongdoing that caused fatal injuries.

Legal action helps you feel some sense of justice—as though the person responsible for the death is experiencing the consequences of his or her actions. You should work to hold these parties fully accountable for any damages they cause.

The Hardships Associated with a Wrongful Death

When someone passes due to negligence, it can be a daunting experience for the family. There are many things to consider regarding what comes next and how to move forward in a positive manner. Wrongful death cases are often full of emotional and financial hardships.

Emotional hardships often come in the form of lost emotional support, lost companionship, lost guardianship, and more. The financial hardships come from medical expenses associated with the injury before the death, as well as funeral costs, lost income, and lost future earnings, especially if the decedent was the main financial provider.

This makes for an increased need for legal counsel to help navigate some of the matters of proving guilt to help seek the compensation to which you may be entitled. You deserve to have the expenses associated with the wrongful death covered by the responsible party.

Choosing the Right Attorney Matters

The legal complexities involved in a wrongful death case can be difficult for someone to understand if they’ve never experienced them before. If you try to navigate these matters alone, it may result in you forfeiting your rights to legal action and the negligent party getting away without being found liable.

However, by having the right lawyer on your side, you can work to build a strong case and pursue the necessary compensation to help your family move forward in the most positive manner possible. A lawyer can also help you understand who would be eligible to file the claim.

At Caputo & Van Der Walde, we’ve handled wrongful death cases before and know what it takes to prove guilt in the matter. We fully understand the four elements of a wrongful death case including negligence, breach of duty of care, causation, and damages.

We are compassionate, caring, and completely dedicated to you and your needs, making sure you know that you are a top priority in our minds.

Our San Jose wrongful death lawyers aim to stand by your side throughout the entire process and help you protect your best interests. Trust that we’re here for you when you need us most, advocating on your behalf to help you and your family in this difficult time.

Call our firm at (800) 900-0863 and discuss your potential case with a team of skilled legal advocates today. We offer free consultations so you can better understand your rights and options without having to further concern yourself with financial burden. Schedule yours today.