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Wrongful Death Lawyers in Utah

Dealing With A Wrongful Death In Your Family? We're Here To Help.

Wrongful Death Lawyers in Utah

Dealing With A Wrongful Death In Your Family? We're Here To Help.

Providing Support for Your Wrongful Death Claim

If you’re looking for a wrongful death lawyer to represent you, you’ve likely lost a loved one in an unanticipated accident. If this has been your experience, the pain you’re feeling right now may be overwhelming, and no settlement or judgment will be able to ease the burden of losing a family member in such a sudden manner. Moxie Law Group is committed to providing support to the surviving family members of those who have been fatally injured by negligence. If someone you love has been in a fatal accident caused by the negligent act of another party, Moxie Law Group can help support you through a wrongful death claim.

Preventing Future Wrongful Deaths 

Wrongful Death Lawyer

Wrongful death claims aren’t just about winning fair compensation for the surviving spouse or surviving family members. Though wrongful death claims do provide financial compensation to surviving family members, wrongful death claims may also prevent future wrongful deaths. Wrongful death claims are typically filed when the negligence of a person or entity causes the death of another person. The victim’s death could have been caused by a motor vehicle accident, medical malpractice, premises, liability, or defective products. Whenever a person’s death occurred due to the negligent acts of another person, the surviving spouse, or other surviving family members may consider filing a wrongful death claim. In some instances, these personal injury cases prevent future injuries and deaths because they inspire changes in policies and protocols.

“Should I File a Wrongful Death Claim?”

The decision of whether or not to file a wrongful death claim is a very personal decision. Though wrongful death lawyers can help the family members of a victim pursue monetary compensation, little can be done to heal the pain of a loved one’s untimely death. In some cases, family members struggle to pay for the victim’s funeral expenses and medical expenses. In some cases, the deceased person was the breadwinner of the family and without them, they surviving family members have no source of income. In these cases, a family member may choose to file a wrongful death claim on behalf of the deceased person’s estate. Whether or not the immediate family members choose to seek compensation with a wrongful death lawyer is up to the family.

What Is the Difference Between Wrongful Death and Murder?

Wrongful Death Lawyer

Wrongful death is different from murder, and it’s also different from both voluntary and involuntary manslaughter. Murder, voluntary manslaughter, and involuntary manslaughter are all criminal charges. Criminal charges are “pressed” or, more accurately, prosecuted by a prosecutor. Those who are charged with a crime go to trial where, if found guilty, they may be fined and/or serve time in jail. Wrongful death is a civil matter. When a party chooses to file a wrongful death claim, they are alleging that the defendant’s negligence has damaged them and that the plaintiff should pay them a certain amount to compensate them for their damages. In a wrongful death claim, most cases are settled before going to trial. In wrongful death cases, there aren’t criminal penalties. This means that in wrongful death cases, no one goes to jail, and fines aren’t generally paid to the government. Instead, a judge will decide whether or not the defendant should be ordered to compensate the plaintiff for their loss. If the wrongful death claim doesn’t go to trial, the attorneys work together to negotiate a fair settlement for the client. Though there’s no jail time in a wrongful death case, criminal cases can be tried alongside a wrongful death claim. For example, OJ Simpson was tried for the murder of Nichole Brown Simpson and found not guilty. Then, he later was found liable in a wrongful death claim.

So What Is Wrongful Death?

Wrongful death occurs when a person’s negligence directly contributes to the death of another person. Since a deceased person cannot file a wrongful death claim, a surviving family member will have to start a wrongful death case on behalf of their deceased family member. As previously mentioned, instead of jail time, successful wrongful death cases result in compensation for monetary damages such as funeral expenses, medical bills, and more. Additionally, compensation for punitive damages may be awarded in wrongful death cases. Wrongful death lawyers help families seek compensation when the unexpected death of a loved one occurs.

How Do Wrongful Death Lawyers Prove Wrongful Death?

Wrongful Death Lawyer

Each wrongful death case is different. The way a wrongful death lawyer proves one wrongful death case may be different from the way they’d prove another wrongful death case, even in situations where both cases had similar circumstances. Since no two wrongful death cases are alike, good wrongful death lawyers will take a holistic approach to each wrongful death case they handle. If you’re considering pursuing a wrongful death case, it’s important that you find a wrongful death lawyer you are comfortable working with. In order to prove that wrongful death occurred, wrongful death attorneys will need to generally need to prove that all four elements of negligence are evidenced in the case: duty, breach of duty, damages, and causation. Though it may sound straightforward, getting a wrongful death settlement can be a rather long journey, especially if a wrongful death lawsuit needs to be filed.

Duty

In the simplest terms, one can think of duty as a legal obligation or a responsibility. Here’s a good example: if you’re driving down the street, you have a general duty to look out for any obstacles in the road, be it cars or people. When it comes to wrongful death lawsuits and claims, whether or not the alleged negligent party actually had a duty may not always be so obvious. Sure, most people would agree that you have an obligation to keep your eyes on the road while you’re driving. But do you have an obligation to label every peanut dessert you bring to the potluck? What if you know half the people have peanut allergies? What if there are rules requesting such labels? In many personal injury lawsuits and claims, whether or not a party had a duty isn’t always obvious. For this reason, it’s important to have an experienced wrongful death attorney who can handle your case with the care you deserve.

Breach of Duty

Wrongful Death Lawyer

Now that you know what duty is, it’s probably pretty easy to figure out what breach of duty is. However, though it sounds simple, it’s not always so simple. Again, this is why a wrongful death attorney may be necessary to ensure the success of your claim. Let’s say you’re having a pool party in your backyard for your daughter and her friends. This party is to celebrate her fifth birthday and her friends are also around the same age as she is. It probably goes without saying that she and her friends aren’t Olympic-level swimmers. Therefore, you may have a duty to take reasonable precautions in order to ensure the safety of your daughter and her friends. Some reasonable precautions may be having extra adults available to supervise the children at all times, requiring the children to wear floaties while in the pool, and having first aid equipment available in case injury does occur. If you fail to supervise during this time, and someone is fatally injured, you could be liable for their injury-related expenses, assuming your breach of duty caused the person to become fatally injured.

Damages

Damages refer to the injury-related expenses that the injured party accrued due to the negligence of the at-fault party. Here’s a great example: you slip and fall in a pile of soda at the grocery store. This slip and fall caused you to break your arm, and the medical bills for your injury-related expenses totaled $5,000. In this example, you’d have $5,000 worth of economic damages. However, you may also have non-economic damages. Non-economic damages are damages that cannot be quantified by a dollar amount. For example, emotional distress, pain and suffering, and loss of enjoyment of life are all examples of non-economic damages. When wrongful death attorneys pursue compensation for their clients, they generally try to get their clients compensation for pain and suffering alongside their economic damages. Though wrongful death attorneys understand that compensation cannot ease the pain and suffering of a family member’s death, good wrongful death attorneys will always try to get their clients the maximum compensation possible.

Causation

Wrongful Death Lawyer

Lastly, wrongful death attorneys will need to prove that the at-fault party was the direct cause of the damages a person sustained. In order to recover compensation in a personal injury claim or personal injury lawsuit, the damages have to have been a direct result of the defendant’s breach of duty. It may be difficult to recover compensation if there is no clear link between the damages and the defendant’s breach of duty. If your claim turns into a wrongful death lawsuit, it may be necessary to have proof that the defendant owed the victim a duty of care, and that breach of duty directly caused the victim’s fatal injuries. If this is unclear, the wrongful death lawsuit may not be successful.

What Is a Wrongful Death Lawsuit?

There’s a difference between wrongful death lawsuits and wrongful death claims. In many personal injury cases, the best way to recover compensation is via a settlement. A case is settled when both parties agree on the amount the at-fault party will pay to the injured party. A wrongful death settlement is usually optimal as opposed to a wrongful death lawsuit. This is because a settlement is a guarantee, whereas a lawsuit is not. Furthermore, a lawsuit may drag out a family’s pain and suffering. If the family is pursuing a wrongful death claim because they need financial support, or they need compensation to pay the deceased person’s medical expenses, the wrongful death lawsuit may take too long. In order to minimize a client’s pain and suffering, a settlement is usually a good option. Unfortunately, the settlement isn’t always in the client’s best interest.

The Law Firm that Isn’t Afraid to Go to Trial

Wrongful Death Lawyer

It’s not uncommon for a law firm to refuse to go to trial. Civil lawsuits are expensive for the law firm and they can take much longer. Instead of filing a civil lawsuit, many firms would prefer to just settle the cases as quickly as possible. At Moxie Law Group, we’re committed to doing whatever’s in our clients’ best interests. If that means that we need to file a wrongful death lawsuit, we’re ready to file a wrongful death lawsuit. Unlike other firms, we aren’t afraid to move forward with a civil suit, if it benefits our client. Though we do what we can to settle our cases fairly, we have no problems filing a wrongful death lawsuit if it’s the best way to get our client fair compensation.

Wrongful Death and Medical Malpractice

Wrongful death is the most devastating outcome of medical malpractice. Medical malpractice occurs when any medical professional causes a patient or client injury due to negligence. It’s important to remember that any medical professional can be liable for medical malpractice; it isn’t just doctors and nurses. The standard for medical malpractice is often extremely high. Though doctors and medical professionals often make mistakes, these mistakes don’t generally cause significant damages. Furthermore, there’s a difference between a bad experience and genuine malpractice. Malpractice cases can take a long time to litigate, especially when wrongful death is part of the equation. If someone you love has been fatally injured due to suspected malpractice, it’s important that you find an attorney you like to represent you and your interests. If your attorney needs to file a wrongful death lawsuit, you’ll want to have an attorney you can trust on your side.

Are Personal Injury Claims Exhausting?

Wrongful Death Lawyer

If someone you love has been fatally injured, the last thing you want to think about is a wrongful death lawsuit. But thankfully, not all wrongful death cases result in a wrongful death lawsuit. In fact, your attorney may be able to negotiate a fair settlement for you without having to go to trial. At Moxie Law Group, we try to make the personal injury process a stress-free process. You can get started on your claim today from the comfort of your own home. All you have to do is contact us and tell us a few details about your accident. If we believe we can help you get the compensation you deserve, we’ll get some additional information about the incident, then we’ll get started on your case. While you’re recovering, we’ll work on negotiating the settlement you deserve.

Is Filing a Claim Expensive?

A lot of people a concerned about the financial burden of hiring an attorney. While that may be true for some types of attorneys, in personal injury there isn’t usually a financial burden associated with filing a claim. At Moxie Law Group, we offer every potential client a free case evaluation to help them determine whether or not they have a claim. If during the free case evaluation, we determine that we can help you get the compensation you deserve, we start working on your case without asking you to pay us anything upfront. In fact, you don’t have to pay us anything until you are compensated through a settlement or judgment. If you don’t receive any compensation, you don’t have to pay us anything.

Free Case Evaluation at Moxie Law Group

Wrongful Death Lawyer

At Moxie Law Group, we offer a free case evaluation to anyone who’s been injured due to the negligence of another person. Our attorneys have expertise in a wide range of legal issues: from product liability to premises liability our legal team is ready to help you. Whether you were in a car accident, or you have a question about a wrongful death claim, Moxie Law Group can help you. If you’re considering filing a claim, it may be a good idea to meet with an attorney sooner rather than later.

1. Punitive Damages

Punitive damages were designed to punish defendants for particularly egregious or reckless behavior. Obtaining compensation for punitive damages is difficult in the first place, but it’s much more difficult if you don’t have an attorney representing you. Insurance companies aren’t necessarily trying to pay the injured party the maximum compensation. In fact, they’re often attempting to pay the minimum amount they can. If you’re looking to be compensated for non-economic damages, or punitive damages, an attorney will be able to help you get the compensation you deserve. Insurance companies know the law, and they have no problems using their knowledge to bully the injured into accepting a lower settlement. Having an attorney who knows the law represents you and your interests can help you get the best outcome possible.

2. Wrongful Death Statutes

Wrongful Death Lawyer

When it comes to a subject like wrongful death, having an attorney who can help you navigate a claim of such a delicate nature is tremendously important. An attorney who’s familiar with wrongful death statutes can help you understand which factors are at play in your claim. Furthermore, a good attorney can help you know what to expect when you’re filing a claim. If your claim turns into a wrongful death suit, you’ll want to have a professional by your side, advocating for your best interests. When it comes to a day in court, you don’t want to leave anything up to chance.

3. Statute of Limitations

In many cases, there’s a statute of limitations. Even if you aren’t particularly interested in pursuing legal action, it may be a good idea to explore your options before the statute of limitations expires. A wrongful death suit or claim can inspire change. If after grieving your loss you decide you’d like to file a claim, you want to make sure the statute of limitations has expired. Though you may not need to take action immediately, it may help you to understand your options before making a decision about what you’re going to do next.

From Car Accidents to Wrongful Death, We’re Here for You

Wrongful Death Lawyer

At Moxie Law Group, our attorneys are here to support you. Whether it’s a car accident, medical malpractice, premises liability, or some other personal injury claim, our legal team is here for you. If you’ve been injured, contact Moxie Law Group today to find out more about your options.

Providing Support for Your Wrongful Death Claim

If you’re looking for a wrongful death lawyer to represent you, you’ve likely lost a loved one in an unanticipated accident. If this has been your experience, the pain you’re feeling right now may be overwhelming, and no settlement or judgment will be able to ease the burden of losing a family member in such a sudden manner. Moxie Law Group is committed to providing support to the surviving family members of those who have been fatally injured by negligence. If someone you love has been in a fatal accident caused by the negligent act of another party, Moxie Law Group can help support you through a wrongful death claim.

Preventing Future Wrongful Deaths

Wrongful Death Lawyer

Wrongful death claims aren’t just about winning fair compensation for the surviving spouse or surviving family members. Though wrongful death claims do provide financial compensation to surviving family members, wrongful death claims may also prevent future wrongful deaths. Wrongful death claims are typically filed when the negligence of a person or entity causes the death of another person. The victim’s death could have been caused by a motor vehicle accident, medical malpractice, premises, liability, or defective products. Whenever a person’s death occurred due to the negligent acts of another person, the surviving spouse, or other surviving family members may consider filing a wrongful death claim. In some instances, these personal injury cases prevent future injuries and deaths because they inspire change in policies and protocols.

“Should I File a Wrongful Death Claim?”

The decision of whether or not to file a wrongful death claim is a very personal decision. Though wrongful death lawyers can help the family members of a victim pursue monetary compensation, little can be done to heal the pain of a loved one’s untimely death. In some cases, family members struggle to pay for the victim’s funeral expenses and medical expenses. In some cases, the deceased person was the breadwinner of the family and without them, they surviving family members have no source of income. In these cases, a family member may choose to file a wrongful death claim on behalf of the deceased person’s estate. Whether or not the immediate family members choose to seek compensation with a wrongful death lawyer is up to the family.

What Is the Difference between Wrongful Death and Murder?

Wrongful Death Lawyer

Wrongful death is different from murder, and it’s also different from both voluntary and involuntary manslaughter. Murder, voluntary manslaughter, and involuntary manslaughter are all criminal charges. Criminal charges are “pressed” or, more accurately, prosecuted by a prosecutor. Those who are charged with a crime go to trial where, if found guilty, they may be fined and/or serve time in jail. Wrongful death is a civil matter. When a party chooses to file a wrongful death claim, they are alleging that the defendant’s negligence has damaged them and that the plaintiff should pay them a certain amount to compensate them for their damages. In a wrongful death claim, most cases are settled before going to trial. In wrongful death cases, there aren’t criminal penalties. This means that in wrongful death cases, no one goes to jail, and fines aren’t generally paid to the government. Instead, a judge will decide whether or not the defendant should be ordered to compensate the plaintiff for their loss. If the wrongful death claim doesn’t go to trial, the attorneys work together to negotiate a fair settlement for the client. Though there’s no jail time in a wrongful death case, criminal cases can be tried alongside a wrongful death claim. For example, OJ Simpson was tried for the murder of Nichole Brown Simpson and found not guilty. Then, he later was found liable in a wrongful death claim.

So What Is Wrongful Death?

Wrongful death occurs when a person’s negligence directly contributes to the death of another person. Since a deceased person cannot file a wrongful death claim, a surviving family member will have to start a wrongful death case on behalf of their deceased family member. As previously mentioned, instead of jail time, successful wrongful death cases result in compensation for monetary damages such as funeral expenses, medical bills, and more. Additionally, compensation for punitive damages may be awarded in wrongful death cases. Wrongful death lawyers help families seek compensation when the unexpected death of a loved one occurs.

How Do Wrongful Death Lawyers Prove Wrongful Death?

Wrongful Death Lawyer

Each wrongful death case is different. The way a wrongful death lawyer proves one wrongful death case may be different from the way they’d prove another wrongful death case, even in situations where both cases had similar circumstances. Since no two wrongful death cases are alike, good wrongful death lawyers will take a holistic approach to each wrongful death case they handle. If you’re considering pursuing a wrongful death case, it’s important that you find a wrongful death lawyer you are comfortable working with. In order to prove that wrongful death occurred, wrongful death attorneys will need to generally need to prove that all four elements of negligence are evidenced in the case: duty, breach of duty, damages, and causation. Though it may sound straightforward, getting a wrongful death settlement can be a rather long journey, especially if a wrongful death lawsuit needs to be filed.

So What Is Wrongful Death?

Wrongful death occurs when a person’s negligence directly contributes to the death of another person. Since a deceased person cannot file a wrongful death claim, a surviving family member will have to start a wrongful death case on behalf of their deceased family member. As previously mentioned, instead of jail time, successful wrongful death cases result in compensation for monetary damages such as funeral expenses, medical bills, and more. Additionally, compensation for punitive damages may be awarded in wrongful death cases. Wrongful death lawyers help families seek compensation when the unexpected death of a loved one occurs.

Duty

In the simplest terms, one can think of duty as a legal obligation or a responsibility. Here’s a good example: if you’re driving down the street, you have a general duty to look out for any obstacles in the road, be it cars or people. When it comes to wrongful death lawsuits and claims, whether or not the alleged negligent party actually had a duty may not always be so obvious. Sure, most people would agree that you have an obligation to keep your eyes on the road while you’re driving. But do you have an obligation to label every peanut dessert you bring to the potluck? What if you know half the people have peanut allergies? What if there are rules requesting such labels? In many personal injury lawsuits and claims, whether or not a party had a duty isn’t always obvious. For this reason, it’s important to have an experienced wrongful death attorney who can handle your case with the care you deserve.

Breach of Duty

Wrongful Death Lawyer

Now that you know what duty is, it’s probably pretty easy to figure out what breach of duty is. However, though it sounds simple, it’s not always so simple. Again, this is why a wrongful death attorney may be necessary to ensure the success of your claim. Let’s say you’re having a pool party in your backyard for your daughter and her friends. This party is to celebrate her fifth birthday and her friends are also around the same age as she is. It probably goes without saying that she and her friends aren’t Olympic-level swimmers. Therefore, you may have a duty to take reasonable precautions in order to ensure the safety of your daughter and her friends. Some reasonable precautions may be having extra adults available to supervise the children at all times, requiring the children to wear floaties while in the pool, and having first aid equipment available in case injury does occur. If you fail to supervise during this time, and someone is fatally injured, you could be liable for their injury-related expenses, assuming your breach of duty caused the person to become fatally injured.

Damages

Damages refer to the injury-related expenses that the injured party accrued due to the negligence of the at-fault party. Here’s a great example: you slip and fall in a pile of soda at the grocery store. This slip and fall caused you to break your arm, and the medical bills for your injury-related expenses totaled $5,000. In this example, you’d have $5,000 worth of economic damages. However, you may also have non-economic damages. Non-economic damages are damages that cannot be quantified by a dollar amount. For example, emotional distress, pain and suffering, and loss of enjoyment of life are all examples of non-economic damages. When wrongful death attorneys pursue compensation for their clients, they generally try to get their clients compensation for pain and suffering alongside their economic damages. Though wrongful death attorneys understand that compensation cannot ease the pain and suffering of a family member’s death, good wrongful death attorneys will always try to get their clients the maximum compensation possible.

Causation

Wrongful Death Lawyer

Lastly, wrongful death attorneys will need to prove that the at-fault party was the direct cause of the damages a person sustained. In order to recover compensation in a personal injury claim or personal injury lawsuit, the damages have to have been a direct result of the defendant’s breach of duty. It may be difficult to recover compensation if there is no clear link between the damages and the defendant’s breach of duty. If your claim turns into a wrongful death lawsuit, it may be necessary to have proof that the defendant owed the victim a duty of care, and that breach of duty directly caused the victim’s fatal injuries. If this is unclear, the wrongful death lawsuit may not be successful.

What Is a Wrongful Death Lawsuit?

There’s a difference between wrongful death lawsuits and wrongful death claims. In many personal injury cases, the best way to recover compensation is via a settlement. A case is settled when both parties agree on the amount the at-fault party will pay to the injured party. A wrongful death settlement is usually optimal as opposed to a wrongful death lawsuit. This is because a settlement is a guarantee, whereas a lawsuit is not. Furthermore, a lawsuit may drag out a family’s pain and suffering. If the family is pursuing a wrongful death claim because they need financial support, or they need compensation to pay the deceased person’s medical expenses, the wrongful death lawsuit may take too long. In order to minimize a client’s pain and suffering, a settlement is usually a good option. Unfortunately, the settlement isn’t always in the client’s best interest.

The Law Firm that Isn’t Afraid to Go to Trial

Wrongful Death Lawyer

It’s not uncommon for a law firm to refuse to go to trial. Civil lawsuits are expensive for the law firm and they can take much longer. Instead of filing a civil lawsuit, many firms would prefer to just settle the cases as quickly as possible. At Moxie Law Group, we’re committed to doing whatever’s in our clients’ best interests. If that means that we need to file a wrongful death lawsuit, we’re ready to file a wrongful death lawsuit. Unlike other firms, we aren’t afraid to move forward with a civil suit, if it benefits our client. Though we do what we can to settle our cases fairly, we have no problems filing a wrongful death lawsuit if it’s the best way to get our client fair compensation.

Wrongful Death and Medical Malpractice

Wrongful death is the most devastating outcome of medical malpractice. Medical malpractice occurs when any medical professional causes a patient or client injury due to negligence. It’s important to remember that any medical professional can be liable for medical malpractice; it isn’t just doctors and nurses. The standard for medical malpractice is often extremely high. Though doctors and medical professionals often make mistakes, these mistakes don’t generally cause significant damages. Furthermore, there’s a difference between a bad experience and genuine malpractice. Malpractice cases can take a long time to litigate, especially when wrongful death is part of the equation. If someone you love has been fatally injured due to suspected malpractice, it’s important that you find an attorney you like to represent you and your interests. If your attorney needs to file a wrongful death lawsuit, you’ll want to have an attorney you can trust on your side.

Providing Support for Your Wrongful Death Claim

If you’re looking for a wrongful death lawyer to represent you, you’ve likely lost a loved one in an unanticipated accident. If this has been your experience, the pain you’re feeling right now may be overwhelming, and no settlement or judgment will be able to ease the burden of losing a family member in such a sudden manner. Moxie Law Group is committed to providing support to the surviving family members of those who have been fatally injured by negligence. If someone you love has been in a fatal accident caused by the negligent act of another party, Moxie Law Group can help support you through a wrongful death claim.

Preventing Future Wrongful Deaths

Wrongful Death Lawyer

Wrongful death claims aren’t just about winning fair compensation for the surviving spouse or surviving family members. Though wrongful death claims do provide financial compensation to surviving family members, wrongful death claims may also prevent future wrongful deaths. Wrongful death claims are typically filed when the negligence of a person or entity causes the death of another person. The victim’s death could have been caused by a motor vehicle accident, medical malpractice, premises, liability, or defective products. Whenever a person’s death occurred due to the negligent acts of another person, the surviving spouse, or other surviving family members may consider filing a wrongful death claim. In some instances, these personal injury cases prevent future injuries and deaths because they inspire change in policies and protocols.

“Should I File a Wrongful Death Claim?”

The decision of whether or not to file a wrongful death claim is a very personal decision. Though wrongful death lawyers can help the family members of a victim pursue monetary compensation, little can be done to heal the pain of a loved one’s untimely death. In some cases, family members struggle to pay for the victim’s funeral expenses and medical expenses. In some cases, the deceased person was the breadwinner of the family and without them, they surviving family members have no source of income. In these cases, a family member may choose to file a wrongful death claim on behalf of the deceased person’s estate. Whether or not the immediate family members choose to seek compensation with a wrongful death lawyer is up to the family.

What Is the Difference between Wrongful Death and Murder?

Wrongful Death Lawyer

Wrongful death is different from murder, and it’s also different from both voluntary and involuntary manslaughter. Murder, voluntary manslaughter, and involuntary manslaughter are all criminal charges. Criminal charges are “pressed” or, more accurately, prosecuted by a prosecutor. Those who are charged with a crime go to trial where, if found guilty, they may be fined and/or serve time in jail. Wrongful death is a civil matter. When a party chooses to file a wrongful death claim, they are alleging that the defendant’s negligence has damaged them and that the plaintiff should pay them a certain amount to compensate them for their damages. In a wrongful death claim, most cases are settled before going to trial. In wrongful death cases, there aren’t criminal penalties. This means that in wrongful death cases, no one goes to jail, and fines aren’t generally paid to the government. Instead, a judge will decide whether or not the defendant should be ordered to compensate the plaintiff for their loss. If the wrongful death claim doesn’t go to trial, the attorneys work together to negotiate a fair settlement for the client. Though there’s no jail time in a wrongful death case, criminal cases can be tried alongside a wrongful death claim. For example, OJ Simpson was tried for the murder of Nichole Brown Simpson and found not guilty. Then, he later was found liable in a wrongful death claim.

So What Is Wrongful Death?

Wrongful death occurs when a person’s negligence directly contributes to the death of another person. Since a deceased person cannot file a wrongful death claim, a surviving family member will have to start a wrongful death case on behalf of their deceased family member. As previously mentioned, instead of jail time, successful wrongful death cases result in compensation for monetary damages such as funeral expenses, medical bills, and more. Additionally, compensation for punitive damages may be awarded in wrongful death cases. Wrongful death lawyers help families seek compensation when the unexpected death of a loved one occurs.

How Do Wrongful Death Lawyers Prove Wrongful Death?

Wrongful Death Lawyer

Each wrongful death case is different. The way a wrongful death lawyer proves one wrongful death case may be different from the way they’d prove another wrongful death case, even in situations where both cases had similar circumstances. Since no two wrongful death cases are alike, good wrongful death lawyers will take a holistic approach to each wrongful death case they handle. If you’re considering pursuing a wrongful death case, it’s important that you find a wrongful death lawyer you are comfortable working with. In order to prove that wrongful death occurred, wrongful death attorneys will need to generally need to prove that all four elements of negligence are evidenced in the case: duty, breach of duty, damages, and causation. Though it may sound straightforward, getting a wrongful death settlement can be a rather long journey, especially if a wrongful death lawsuit needs to be filed.

Duty

In the simplest terms, one can think of duty as a legal obligation or a responsibility. Here’s a good example: if you’re driving down the street, you have a general duty to look out for any obstacles in the road, be it cars or people. When it comes to wrongful death lawsuits and claims, whether or not the alleged negligent party actually had a duty may not always be so obvious. Sure, most people would agree that you have an obligation to keep your eyes on the road while you’re driving. But do you have an obligation to label every peanut dessert you bring to the potluck? What if you know half the people have peanut allergies? What if there are rules requesting such labels? In many personal injury lawsuits and claims, whether or not a party had a duty isn’t always obvious. For this reason, it’s important to have an experienced wrongful death attorney who can handle your case with the care you deserve.

Breach of Duty

Wrongful Death Lawyer

Now that you know what duty is, it’s probably pretty easy to figure out what breach of duty is. However, though it sounds simple, it’s not always so simple. Again, this is why a wrongful death attorney may be necessary to ensure the success of your claim. Let’s say you’re having a pool party in your backyard for your daughter and her friends. This party is to celebrate her fifth birthday and her friends are also around the same age as she is. It probably goes without saying that she and her friends aren’t Olympic-level swimmers. Therefore, you may have a duty to take reasonable precautions in order to ensure the safety of your daughter and her friends. Some reasonable precautions may be having extra adults available to supervise the children at all times, requiring the children to wear floaties while in the pool, and having first aid equipment available in case injury does occur. If you fail to supervise during this time, and someone is fatally injured, you could be liable for their injury-related expenses, assuming your breach of duty caused the person to become fatally injured.

Damages

Damages refer to the injury-related expenses that the injured party accrued due to the negligence of the at-fault party. Here’s a great example: you slip and fall in a pile of soda at the grocery store. This slip and fall caused you to break your arm, and the medical bills for your injury-related expenses totaled $5,000. In this example, you’d have $5,000 worth of economic damages. However, you may also have non-economic damages. Non-economic damages are damages that cannot be quantified by a dollar amount. For example, emotional distress, pain and suffering, and loss of enjoyment of life are all examples of non-economic damages. When wrongful death attorneys pursue compensation for their clients, they generally try to get their clients compensation for pain and suffering alongside their economic damages. Though wrongful death attorneys understand that compensation cannot ease the pain and suffering of a family member’s death, good wrongful death attorneys will always try to get their clients the maximum compensation possible.

Causation

Wrongful Death Lawyer

Lastly, wrongful death attorneys will need to prove that the at-fault party was the direct cause of the damages a person sustained. In order to recover compensation in a personal injury claim or personal injury lawsuit, the damages have to have been a direct result of the defendant’s breach of duty. It may be difficult to recover compensation if there is no clear link between the damages and the defendant’s breach of duty. If your claim turns into a wrongful death lawsuit, it may be necessary to have proof that the defendant owed the victim a duty of care, and that breach of duty directly caused the victim’s fatal injuries. If this is unclear, the wrongful death lawsuit may not be successful.

What Is a Wrongful Death Lawsuit?

There’s a difference between wrongful death lawsuits and wrongful death claims. In many personal injury cases, the best way to recover compensation is via a settlement. A case is settled when both parties agree on the amount the at-fault party will pay to the injured party. A wrongful death settlement is usually optimal as opposed to a wrongful death lawsuit. This is because a settlement is a guarantee, whereas a lawsuit is not. Furthermore, a lawsuit may drag out a family’s pain and suffering. If the family is pursuing a wrongful death claim because they need financial support, or they need compensation to pay the deceased person’s medical expenses, the wrongful death lawsuit may take too long. In order to minimize a client’s pain and suffering, a settlement is usually a good option. Unfortunately, the settlement isn’t always in the client’s best interest.

The Law Firm that Isn’t Afraid to Go to Trial

Wrongful Death Lawyer

It’s not uncommon for a law firm to refuse to go to trial. Civil lawsuits are expensive for the law firm and they can take much longer. Instead of filing a civil lawsuit, many firms would prefer to just settle the cases as quickly as possible. At Moxie Law Group, we’re committed to doing whatever’s in our clients’ best interests. If that means that we need to file a wrongful death lawsuit, we’re ready to file a wrongful death lawsuit. Unlike other firms, we aren’t afraid to move forward with a civil suit, if it benefits our client. Though we do what we can to settle our cases fairly, we have no problems filing a wrongful death lawsuit if it’s the best way to get our client fair compensation.

Wrongful Death and Medical Malpractice

Wrongful death is the most devastating outcome of medical malpractice. Medical malpractice occurs when any medical professional causes a patient or client injury due to negligence. It’s important to remember that any medical professional can be liable for medical malpractice; it isn’t just doctors and nurses. The standard for medical malpractice is often extremely high. Though doctors and medical professionals often make mistakes, these mistakes don’t generally cause significant damages. Furthermore, there’s a difference between a bad experience and genuine malpractice. Malpractice cases can take a long time to litigate, especially when wrongful death is part of the equation. If someone you love has been fatally injured due to suspected malpractice, it’s important that you find an attorney you like to represent you and your interests. If your attorney needs to file a wrongful death lawsuit, you’ll want to have an attorney you can trust on your side.

Are Personal Injury Claims Exhausting?

Wrongful Death Lawyer

If someone you love has been fatally injured, the last thing you want to think about is a wrongful death lawsuit. But thankfully, not all wrongful death cases result in a wrongful death lawsuit. In fact, your attorney may be able to negotiate a fair settlement for you without having to go to trial. At Moxie Law Group, we try to make the personal injury process a stress-free process. You can get started on your claim today from the comfort of your own home. All you have to do is contact us and tell us a few details about your accident. If we believe we can help you get the compensation you deserve, we’ll get some additional information about the incident, then we’ll get started on your case. While you’re recovering, we’ll work on negotiating the settlement you deserve.

Is Filing a Claim Expensive?

A lot of people a concerned about the financial burden of hiring an attorney. While that may be true for some types of attorneys, in personal injury there isn’t usually a financial burden associated with filing a claim. At Moxie Law Group, we offer every potential client a free case evaluation to help them determine whether or not they have a claim. If during the free case evaluation, we determine that we can help you get the compensation you deserve, we start working on your case without asking you to pay us anything upfront. In fact, you don’t have to pay us anything until you are compensated through a settlement or judgment. If you don’t receive any compensation, you don’t have to pay us anything.

Free Case Evaluation at Moxie Law Group

Wrongful Death Lawyer

At Moxie Law Group, we offer a free case evaluation to anyone who’s been injured due to the negligence of another person. Our attorneys have expertise in a wide range of legal issues: from product liability to premises liability our legal team is ready to help you. Whether you were in a car accident, or you have a question about a wrongful death claim, Moxie Law Group can help you. If you’re considering filing a claim, it may be a good idea to meet with an attorney sooner rather than later.

1. Punitive Damages

Punitive damages were designed to punish defendants for particularly egregious or reckless behavior. Obtaining compensation for punitive damages is difficult in the first place, but it’s much more difficult if you don’t have an attorney representing you. Insurance companies aren’t necessarily trying to pay the injured party the maximum compensation. In fact, they’re often attempting to pay the minimum amount they can. If you’re looking to be compensated for non-economic damages, or punitive damages, an attorney will be able to help you get the compensation you deserve. Insurance companies know the law, and they have no problems using their knowledge to bully the injured into accepting a lower settlement. Having an attorney who knows the law represents you and your interests can help you get the best outcome possible.

2. Wrongful Death Statutes

Wrongful Death Lawyer

When it comes to a subject like wrongful death, having an attorney who can help you navigate a claim of such a delicate nature is tremendously important. An attorney who’s familiar with wrongful death statutes can help you understand which factors are at play in your claim. Furthermore, a good attorney can help you know what to expect when you’re filing a claim. If your claim turns into a wrongful death suit, you’ll want to have a professional by your side, advocating for your best interests. When it comes to a day in court, you don’t want to leave anything up to chance.

3. Statute of Limitations

In many cases, there’s a statute of limitations. Even if you aren’t particularly interested in pursuing legal action, it may be a good idea to explore your options before the statute of limitations expires. A wrongful death suit or claim can inspire change. If after grieving your loss you decide you’d like to file a claim, you want to make sure the statute of limitations has expired. Though you may not need to take action immediately, it may help you to understand your options before making a decision about what you’re going to do next.

From Car Accidents to Wrongful Death, We’re Here for You

At Moxie Law Group, our attorneys are here to support you. Whether it’s a car accident, medical malpractice, premises liability, or some other personal injury claim, our legal team is here for you. If you’ve been injured, contact Moxie Law Group today to find out more about your options.