Wrongful Death Attorneys Helping Victims’ Families
The loss of a loved one is incredibly difficult to endure, especially when they are unexpectedly taken in an accident that was caused by the negligence or misconduct of another person. The legal implications of your loved one’s death may be one of the last things on your mind; however, it is crucial that you speak to a lawyer to ensure that you fully understand your legal rights.
The wrongful death attorneys at Ramos Law represent the families of victims whose lives were lost due to someone else’s negligence. We understand that the last thing you want to deal with is the details of the incident, but their death must be investigated promptly to gather and preserve evidence. Our experienced wrongful death attorneys have handled claims involving fatal injuries arising from all types of accidents and we may be able to help you recover monetary damages. Contact us for a complimentary, no-obligation consultation.
Proving a Wrongful Death
If your loved one has lost their life because of another person’s negligence, you may be able to find that person or entity liable for their death. To do this, you must file a civil lawsuit and show the court that your loved one’s death was caused by the recklessness, negligence, or intent of some other person or entity. Often, an accident or injury is the cause of death, such as in car accidents, drunk driving accidents, slip, trip, and fall accidents, or because of a defective product or medicine. Although there may be a criminal prosecution related to the fatality, a wrongful death civil lawsuit is separate and distinct from any criminal charges.
Filing a Wrongful Death Lawsuit
Each state has specific rules for who may file a wrongful death lawsuit in civil court. In some states, a representative must file a lawsuit on behalf of the “real parties in interest” (eligible survivors who suffered harm from the decedent’s death). In all states, spouses, children, and the parents of unmarried children may act as representatives to sue the negligent party. Some states allow siblings, grandparents, putative spouses or financial dependents to bring a claim to recover damages.
What Sets Our Wrongful Death Lawyers Apart From the Rest
Ramos Law has skilled attorneys ready to fight for you! Equally important, we have Dr. Joseph Ramos, an emergency medicine physician who is also an attorney. Dr. Ramos began studying law because, as an ER doctor, he wanted any injured person or wronged party to have access to proper legal counsel if they chose to pursue it.
He has many years of experience guiding the treatment of the injured and protecting the rights of those who have lost a loved one due to the negligence of someone else. Dr. Ramos and our entire team of wrongful death lawyers have a deeper understanding of your case from medical and legal angles. Our compassionate attorneys will invest our time and resources into building your wrongful death claim and handle all of the details so you can focus on your family and the grieving process.
Our wrongful death lawyers can help:
- Investigate the accidental death and gather evidence to build a strong claim
- Retain experts to testify to help prove your loved one’s death was caused by negligence
- Fight against the lawyers of large insurance firms
- Demand fair compensation for your loss in settlement negotiations or in court
The wrongful death attorneys at Ramos Law are experienced and determined to successfully resolve your claim and help make this difficult time less stressful. We deal with insurance companies every day and insist that they treat our clients fairly.
Wrongful Death Statute of Limitations
Representatives and family members generally have two years from the date of the victim’s death to file a wrongful death lawsuit. However, each state’s statute of limitations varies and may be longer or shorter than two years.
Some exceptions may extend the limit. For example, a family might not realize right away that the wrongful death resulted from medical malpractice. This may cause the two-year statute of limitations to begin when family members discovered the cause of death rather than when the death occurred. Additionally, if a government entity bears fault for wrongful death, the statute of limitations extends to four years.
It is always best to contact a wrongful death attorney right away to ensure that your claim is filed within your state’s time limit and to gather and preserve as much evidence as possible.
Wrongful Death Damages
While no amount of money can ever make up for the loss of your loved one, our hope is to help put you and your family in the best possible situation after your loss. The amount of damages you may be awarded is determined by the court and based upon the specific facts of your case. Generally, you can seek damages to recover:
- Medical and funeral expenses,
- Out-of-pocket expenses,
- The amount of wages your loved one would have earned if they would have been able to continue to work,
- Any benefits and compensation lost because of the death of your loved one,
- The loss of your loved one’s care, comfort, companionship, assistance, love, protection, and affection.
If the person or entity is particularly negligent, you may be eligible for punitive damages. Only some states permit punitive damages in wrongful death lawsuits. These types of damages work to punish the negligent party for their behavior, and also may deter others from similar negligence.
Discuss Your Wrongful Death Claim With Our Lawyers
At Ramos Law, our clients are our first priority and we are proud of our reputation for honesty, hard work, integrity, and fairness. We truly believe there is no one better to represent you in your wrongful death claim, help you protect your rights as a survivor, and fight for the compensation you deserve.
If you have lost a loved one because of someone else’s reckless or dangerous actions, contact our wrongful death attorneys as soon as possible for a complimentary, no-obligation consultation.
Wrongful Death Lawsuit Frequently Asked Questions
To help you understand the law and the circumstances where financial recovery may be an option, we have included below some of the most commonly asked questions.
A person whose death was caused by another person’s recklessness, negligence, or intent to cause the deceased individual harm.
Some of the leading causes of wrongful death include car, truck, and motorcycle accidents, pedestrian and bicycle accidents, slip and fall accidents, defective products, medical malpractice errors and mistakes, work-related and construction accidents, and criminal acts.
In all states, spouses, children, and the parents of unmarried children can sue the negligent party. Some states allow siblings, grandparents, putative spouses or financial dependents to bring a claim to recover damages.
Generally, a wrongful death lawsuit must be filed within two years of the date of the victim’s death. However, each state’s statute of limitations varies and may be longer or shorter than two years. It is always best to contact a wrongful death attorney right away to ensure that you do not miss your state’s timeframe to file a claim.
Generally, surviving family members may seek both economic and non-economic damages including medical and funeral expenses, out-of-pocket expenses, loss of future income, loss of benefits, such as medical insurance, loss of future inheritance, loss of care and companionship, pain and suffering, and mental distress.
Wrongful death lawsuits can vary in length. Even if your case does not go to trial, settling your case takes time. Some claims may take anywhere from a few months to several years to settle, depending on the specific circumstances.
If a negligent party is found responsible for your loved one’s death, they are responsible for paying the amount the court mandates.