Wrongful Death Lawyer

Losing a loved one creates a massive void in your life that will never go away. If that loss stems from somebody’s gross negligence, it becomes even more devastating. An experienced wrongful death lawyer can help hold others accountable for the death of your loved one and recover financial compensation for you. 

The law firm of Steinger, Greene & Feiner can advocate for you when you launch a loss of a loved one lawsuit. Contact us if you believe you have a wrongful death case, which involves the loss of close kin directly because of someone else acting carelessly or intentionally wrongfully. We’re here to help you seek justice and hold the appropriate party responsible for the death of your beloved. 

What Is a Wrongful Death Lawyer?

A wrongful death lawyer doesn’t try to prosecute someone for a crime that leads to the untimely death of someone. They handle civil lawsuits on behalf of the surviving family of the deceased and seek financial compensation from the person at fault for someone’s accidental death. The primary role of a wrongful death attorney involves building a compelling case that shows someone’s negligent actions led to someone’s demise and navigating the complex legal process for their family. 

Grieving your loss comes with its own unique challenges, but adding a complicated lawsuit onto your plate can make this difficult time even harder. Let a seasoned lawyer take care of the intricate legal process for you so you can focus on your well-being during this time. Your attorney will help you file a wrongful death claim and investigate the at-fault party to determine if their actions directly resulted in your loved one’s death. 

Without proper legal experience, you can run into common problems when filing your lawsuit. Some plaintiffs aren’t eligible to seek compensation based on their relationship to the deceased, while those who are eligible might not file the suit before the state’s statute of limitations has run out. A legal professional can answer all your questions and make sure that you have a strong case.

Who Can File a Wrongful Death Lawsuit?

Losing a close friend in an accident is tragic, but it doesn’t mean that you can seek financial compensation for your loss. Typically, the only people who can file a wrongful death case include the surviving kin of the deceased. This pertains to anyone who was a dependent of or beneficiary to the deceased, including:

• Spouses
• Legal partners
• Children, including stepchildren and adoptive children
• Parents

In some instances, other surviving family members, like siblings or grandparents, can also seek compensation in the case. A family wrongful death attorney can review the details of your case and determine whether you’re eligible to file a wrongful death suit. Laws regarding these cases vary by state, so the first step begins with contacting a wrongful death lawyer who fully understands the complexities of your state’s laws. Steinger, Greene & Feiner operates out of several locations, including the states of California, Massachusetts, Florida, Georgia, New York, Tennessee, and Texas. Contact us to discuss your options for filing a wrongful death lawsuit. 

Common Causes of Wrongful Death

Accidental death attorneys handle a wide range of cases with different circumstances leading to the loss of life. Common scenarios at the center of wrongful death cases include the following:

• Workplace accidents
• Motor vehicle crashes
• Pedestrian and bicycle accidents
• Construction accidents
• Fires
• Defective products
• Nursing home negligence
• Medical malpractice
• Unintentional falls

How can you tell if you have the grounds to file a wrongful death lawsuit? Every case differs, but lawyers primarily focus on the negligence or carelessness of the opposing party involved. This can extend to motorists, healthcare professionals, and even product manufacturers, depending on the case. 

Say your spouse has a severe reaction to a drug their doctor prescribes, and eventually, they succumb to the illness. A lawyer for wrongful death may explore the possibility of medical malpractice but find that other doctors would prescribe the same course of treatment. In this case, defective pharmaceuticals may be to blame, which could lead to a product liability issue. 

To prove medical malpractice, lawyers need sufficient evidence showing that a healthcare provider was careless in their actions. This could involve making an error in surgery that leads to unnecessary complications and eventual death or misdiagnosing a patient.

For example, a doctor could dismiss lumps in the breast as fatty tissue and fail to order diagnostic tests that confirm cancerous masses. By the time the patient receives a second opinion to confirm their cancer diagnosis, the disease becomes too aggressive and claims their life. Critical medical errors like this occur nationwide, but the wrongful death lawyers at Steinger, Greene & Feiner will help you seek justice if your loved one dies due to medical negligence. 

The Legal Process in a Wrongful Death Claim

Filing a wrongful death lawsuit doesn’t automatically mean your case ends up in court for a jury to decide the verdict. The very first step involves consulting an accidental death attorney and reviewing the details of your case. They will evaluate the circumstances leading to your loved one’s death and file a claim if they have enough evidence to cover the burden of proof.

The main stipulation in any wrongful death lawsuit focuses on showing that negligent actions directly caused your personal loss. Only when a case meets the following criteria can it move forward:

• Duty of care: The defendant must have had the duty to keep the deceased safe and act in a way that doesn’t cause harm to others. This applies to medical professionals treating patients, motorists who have the responsibility to drive safely, and other at-fault parties. 
• Breach of duty: After establishing one’s duty of care, legal teams need to assess how the at-fault party violated that duty. 
• Causation: The defendant’s breach of duty becomes a direct cause of the deceased’s injuries and demise. Had they taken more reasonable actions, the plaintiff’s loved one would still be alive. 
• Damages: Finally, lawyers gather the financial and personal losses that come with a wrongful death. Determining damages becomes the final key in negotiating with the at-fault party. 

The knowledgeable attorneys at the law firm of Steinger, Greene & Feiner will file a claim using the pieces of evidence above and negotiate a settlement for financial compensation. If the at-fault party and their representative don’t agree to settle, the case may stand trial for a jury to decide the outcome. It’s vital to hire a wrongful death lawyer with superior negotiation and litigation skills so you can successfully navigate your case.

Challenges in Wrongful Death Cases

A wrongful death attorney has to overcome certain challenges in these complex cases. Some of the biggest obstacles that legal teams face in wrongful death cases include:

• Proving causation: Finding a direct link between the defendant’s actions and the deceased’s fate can be difficult, especially if the case involves several different factors or at-fault parties. For instance, a fatal car accident could be due to defective parts in a car or the fault of another motorist. 
• Calculating damages: Lawyers will add all expenses together for economic damages, but coming up with a value for the family’s overall loss proves challenging. Attorneys understand that no amount of money can bring someone’s loved one back, but they don’t want to request too much in damages that the court could dismiss. 
• Gathering evidence: Compiling evidence has its challenges if legal professionals deal with uncooperative parties during their investigation or need to recover lost records. 
• Meeting legal criteria: Different states have their own statutes of limitations, which could complicate your case depending on when you file the suit. Lawyers may also have to deal with unique state laws, such as the comparative negligence rule. 
• Supporting their clients: Wrongful death cases involve sensitive subject matter, and lawyers have to communicate with grieving clients. An attorney without experience in this field of law may have trouble presenting the facts of the case with a sense of kindness and compassion toward the families they work with. 

The ideal way to avoid these challenges is to hire a seasoned wrongful death lawyer with years of experience on their side. At Steinger, Greene & Feiner, our legal team comes well-versed in the difficult aspects of personal injury law and aims to make the litigation as stress-free as possible.

Compensation in Wrongful Death Cases

What type of wrongful death lawsuit compensation can you expect from a successful case? Recovering damages from your loved one’s death won’t diminish the heartbreak of losing them, but compensation can alleviate financial burdens for the deceased’s spouse, parents, or children. Accidental death attorneys argue for their clients to receive the following types of damages:

• Economic damages: Legal teams add up all the medical and funeral expenses that families face after a loved one’s death. Economic damages cover these costs, as well as the loss of income and financial support from the deceased. 
• Non-economic damages: You can’t put a price on the devastating grief you feel after a tragic loss, but lawyers also argue that family members are entitled to compensation due to the mental anguish they face after losing a spouse, parent, or child. 
• Punitive damages: In an attempt to prevent the at-fault party from acting negligent in the future, some cases end in the defendant paying punitive damages. This isn’t meant to fully compensate for the victim’s loss but rather serve as a punishment for their actions. 

The amount of damages families recover depends on the details of the case. Say the family breadwinner is struck by a motor vehicle and endures several weeks in the hospital before succumbing to their injuries. The economic damages in this case might be more than a case involving the death of a stay-at-home parent due to a surgical error during a basic procedure. 

Along with the economic damages, certain kin can seek additional compensation due to their relationship with the deceased. For example, wrongful death lawyers can argue that surviving spouses are entitled to damages for their loss of companionship while children of the deceased need compensation for their mental anguish and loss of guidance. 

Choosing the Right Lawyer for Wrongful Death

If you believe you have a wrongful death case on your hands, consult experienced attorneys. You can start by searching the Internet for a “fatal accident lawyer near me” and reaching out to those who show up in your search with positive client testimonials and reviews. However, you should be thorough in your research and consultations before hiring a lawyer. 

Ask about the firm’s experience handling wrongful death cases, not just personal injury cases. After all, your loved one is no longer here to advocate for themself, so you and your lawyer must advocate for them. Inquire about their previous winning cases and the amount of damages the firm can recover for clients. 

While Steinger, Greene & Feiner operates on a contingency fee basis, some wrongful death and personal injury lawyers charge fees upfront. Ask about any fees you’ll have to pay your attorney and if they charge all their clients or only the ones who win their case. 

Finally, you should ask which lawyer at the firm will be handling your case. You’ll have peace of mind knowing which legal professional to go to for guidance regarding your lawsuit. 

Ensure Justice With a Wrongful Death Attorney

Grieving the unexpected loss of a loved one is never easy, but having a professional lawyer lead your wrongful death case can provide you with some comfort and justice. Let the knowledgeable attorneys at Steinger, Greene & Feiner handle your case with attention to detail and compassion. Our goal is to bring you a sense of justice for your loss by holding the at-fault party responsible for their negligence.

If you’re reeling from the loss of close kin and want to discuss your legal options with a wrongful death lawyer, contact Steinger, Greene & Feiner today. Call our team at (813) 669-4742 for a wrongful death claim free consultation.