Losing a loved one to wrongful death is unbearable–especially as a direct result of another person’s negligence.
The loss of a loved one is unbearable enough without the weight of another person’s negligence looming over the circumstance.
Our team of attorneys at Kevin Kurgis Law is dedicated to helping you and your family secure the financial compensation you deserve as the result of wrongful death.
In the event of another party’s wrongdoing or recklessness, there are numerous monetary damages and personal inconveniences that can build up over time leading to additional stress and discomfort.
Let us handle the case and fight for your entitled settlement so that you and your family can focus on recovering.
What is a Wrongful Death Lawsuit?
A wrongful death case involves incidents of reckless or negligent misconduct that result in the death of an innocent person. While these kinds of incidents may also include criminal prosecution depending on the circumstances, a case like this is considered a civil suit when an individual party files the claim.
If a corresponding criminal case is involved, the results of that case do not always directly relate to the outcome of the civil case. Even when the event a guilty verdict is not reached criminally, financial compensation is still possible as the result of an outside settlement in the civil case.
Civil cases are distinguishable from criminal cases in a few different ways. A civil case involves an individual or party seeking some degree of compensation (often financial) against another person or group for an act of wrongdoing. In criminal cases, the local or federal government is the party responsible for indicting the defendant, which usually leads to a trial or plea bargain.
Another characteristic of a civil case includes a lighter burden of proof. In a criminal case, a guilty verdict can only be reached when a defendant is proven guilty beyond a reasonable doubt. This is the highest standard of proof required in a case and is dictated by the United States Constitution. Ultimately, civil cases can hold a defendant liable by meeting a much lower standard. A judge will often rule in favor of those claiming if the evidence points more favorably in their direction.
The sentencing of these cases is entirely different. Charges in criminal cases typically result in harsh punishments including imprisonment, fines, or probation. Whereas, the negligent party is not given criminal sentencing even after being proven liable in civil cases. Instead of receiving jail time, guilty players in a civil case are often required to provide compensation for tangible and intangible losses to the surviving relatives.
Degree of Damages
The primary focus of these cases is a form of compensation and its overall value based on the damages from the incident. There are two main damages to be considered in this type of lawsuit. A wrongful death attorney will help evaluate both the economic and non-economic damages survivors of a loved one have experienced―and may continue to experience in the future―as a result of the death. Economic influences may include the following:
- The financial cost of funeral arrangements
- Medical expenses
- Loss of financial earnings and future income
- Savings of the deceased individual
- Financial dependence of surviving family members
The following are just a few examples of potential non-economic damages:
- Loss of companionship
- Loss of socialization
- Punitive damages
An additional claim may be applicable in the case of a victim’s prolonged death. This claim is called “survival action” and allows compensation relating to the emotional and physical circumstances leading up to the victim’s impending death.
Many of these cases conclude before any court trials even occur through settlement negotiations. When a settlement is ultimately reached, the claimant receives the compensation without having to proceed with a complex and drawn out court trial. In many instances, settlements can be achieved to prevent the defendant from additional public scrutiny or negative attention. Luckily for the claimant, reaching an early settlement in a wrongful death lawsuit helps reduce the overall cost and stress of a lengthy trial process.
How to Begin a Claim
There are various instances when a wrongful death claim can be filed, although certain restrictions and procedures are applicable. Some of the more common situations applicable in this type of claim include:
- Medical malpractice. This includes instances when a doctor misdiagnoses or neglects to diagnose a patient, makes serious surgical errors, discharges a patient early despite medical concerns or other medical carelessness.
- Nursing home negligence. When a facility or worker for elder care abuses or neglects the care of a patient, they may be held liable.
- Vehicle accidents. This could include accidents that include another driver or manufacturing defects. Related truck accidents may also result in compensation if employed truck drivers are found neglecting company regulations and standards.
- Anesthesia malpractice. Similar to medical malpractice, when an anesthesiologist administers an incorrect dose of anesthesia before a procedure, he or she may be held responsible.
If negligence or wrongdoing can be proven in the case of the victim’s death, contact the Law Office of Kevin F. Kurgis to file a claim right away. A claim must be made within the statute of limitations of two years from the date of the victim’s death, or the date negligence was uncovered.
Why Look For an Attorney?
Although filing a claim may get you one step closer to receiving financial compensation, it is natural to feel overwhelmed by the prospect of the whole affair. Hiring a skilled wrongful death lawyer to handle this kind of case can help bring you and your loved ones some peace of mind in a few ways. Especially during this difficult time in your life, trying to juggle all the research, laws, dates, and other aspects of filing a claim on your own may soon feel overwhelming. By choosing to work with an experienced attorney, you can rest easy knowing that your financial concerns will be taken care of by someone knowledgeable and professional.
Furthermore, winning your claim can bring awareness to the type of negligence that occurred, and lead to positive changes in certain industries or practices. The act of bringing careless parties to justice can feel like its own additional form of compensation, and your suit may very well lead to the prevention of an additional unfair injury or death.
Schedule Your Consultation With Us Today
Our team of attorneys understands the stress and pressure you and your family may be experiencing during this complicated time. Filing a claim for a wrongful death lawsuit may feel like the last thing you wish to think about after suffering a tragic loss. Therefore, we strive to take away the technical and legal burden to help you get the financial compensation you deserve.
With more than 20 years of experience and a successful history of securing winning verdicts and settlements, you can feel at ease about filing a claim. We represent all of our clients on a contingency arrangement, where we are paid after we win your rightful compensation. Contact Kevin Kurgis Law today to get started with a free consultation!
And remember, “I don’t get paid, unless you get paid.”
The personal injury attorneys at the Law Offices of Kevin Kurgis serve serious injury and wrongful death cases in Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Parma, Canton, Youngstown, Lorain, Hamilton, Springfield, Kettering, Elyria, Lakewood, Cuyahoga Falls, Euclid, Middletown, Mansfield, Newark, Findlay, Urbana, Chillicothe and Zanesville OH areas.
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