Wrongful Death

Have you lost a loved one due to someone else’s negligence? Let the team at Shane Smith Law help.

Wrongful Death Attorneys

Helping Your Family Seek Justice

Losing a loved one before their time is an unthinkable scenario. The situation can become more unfathomable when the death is caused by another party’s recklessness, negligence, or intentional conduct. 

Though no amount of money can replace what you have lost, you may be able to file a wrongful death lawsuit to hold the responsible party accountable and recover damages.

At Shane Smith Law, we have the robust resources needed when seeking justice in these cases. Our wrongful death lawyers recognize you are going through a devastating time and are determined to ease the grief and financial hardship you are experiencing.

 You will not be able to take legal action if you wait too long, so do not wait to get in touch with us. We will walk you through your options and help you understand what we can do for you.

Schedule an initial consultation by calling (980) 246-2656 or contacting us online. Se habla español.

Who Can File a Wrongful Death Claim?

Only a qualifying person can bring a wrongful death claim, and each state has specific laws governing who can file a lawsuit. In many states, immediate family members of the deceased and representatives of the deceased person’s estate have the right to file a claim. We can advise whether you have legal standing.

Determining Liability in a Wrongful Death Case

To win a wrongful death lawsuit, the plaintiff must generally prove the defendant’s conduct resulted in the unnecessary and avoidable death of the victim. A wrongful death claim may be successful in situations where someone dies as the result of negligence, medical malpractice, or deliberate action. 

This burden of proof is the same burden of proof the victim would have had to meet had they survived. For example, if a person is killed in a car accident, the party bringing the wrongful death claim must prove the defendant acted negligently. 

Statute of Limitations for a Wrongful Death Lawsuit

Survivors only have a limited amount of time to bring a wrongful death lawsuit. In some states, qualifying parties may only have one year from the date of the victim’s death to start the process, but many other states allow at least two years from the date of death. 

No matter where you live, it is in your best interest to discuss your case with a legal professional as quickly as possible. If the statute of limitation expires, you will not be able to bring a wrongful death claim. 

Why Shane Smith Law?

Our firm’s practice is exclusively devoted to personal injury cases and has a track record of delivering successful results. No matter the size of the case, we always work to maximize your recovery. In addition to recovering compensation, one of our main priorities is ensuring your comfort throughout the legal process. 

You will work closely with our team from beginning to end, and we will leverage our skills, knowledge, and resources to favorably resolve your case as efficiently as possible.

If your loved one died as a result of negligence and you are ready to seek justice, call (980) 246-2656 or contact us online today.

Types of Damages You Can Recover in a Wrongful Death Lawsuit

If the burden of proof is met, the court will typically seek to compensate the survivor for all losses sustained as a result of the victim’s passing. 

The plaintiff in a wrongful death case may be able to recover both economic and non-economic losses. The specific types of compensation a survivor may be able to secure will depend on the applicable state’s laws. 

Our wrongful death attorneys will fight to recover compensation for all pertinent damages, which may include:

  • Funeral and burial expenses
  • Medical expenses linked to the victim’s fatal injuries or illness 
  • Lost future income that the victim potentially would have generated
  • The victim’s pain and suffering
  • Loss of care and guidance
  • Loss of companionship
  • Loss of consortium

What Is the Role of an Attorney in a Wrongful Death Lawsuit?

Meeting the burden of proof in a wrongful death case is not always easy or straightforward. To reliably win, you must have a thorough understanding of the legal standards and court processes involved. 

You should not have to be worried about mounting a legal case when are you in the midst of mourning the loss of your loved one. Skilled wrongful death lawyers can simplify and guide you through each stage of the legal process, including completing all necessary paperwork, gathering evidence, and developing a sound legal strategy. 

An attorney may attempt to negotiate a fair monetary settlement to save you the time, trouble, and expense of going to court. Should a trial be unavoidable, a lawyer will fervently represent you in and out of the courtroom, and they will fight to secure the full value of your claim.