Wrongful Death

At Gardi, Haught, Fischer & Bhosale LTD, and our team of compassionate wrongful death attorneys, we understand that our success is deeply rooted in the relationships we build with our clients. In situations where a family has tragically lost a loved one due to the actions of another party, our wrongful death attorneys are dedicated and compassionate advocates.

We recognize the high stakes and profound emotions in sensitive and challenging cases. You can rely on our wrongful death lawyers to seek justice tirelessly and hold the negligent party accountable. We are committed to pursuing the maximum compensation available for your losses.

What Kind of Damages Are Awarded in a Wrongful Death Lawsuit?

Damages in a wrongful death claim can include both monetary and non-monetary forms of compensation. The primary purpose of a wrongful death suit is to provide surviving family members with financial support and hold the wrongdoer accountable for their actions.

A wrongful death claim may provide compensation for:

• Funeral and burial expenses
• Medical bills incurred by the deceased
• Lost wages the deceased would have earned
• Loss of companionship, love, support, and guidance

While no amount of compensation can ever fully compensate for your loss, a successful claim can provide you with the financial resources and a sense of justice to aid in the healing process.

Contact one of our wrongful death attorneys today to learn how we can assist you and your family. You can call us at (847) 944-9400 or contact us online to request a free consultation.

Who Can File a Wrongful Death Claim?

A wrongful death is defined as a death resulting from the negligent or wrongful actions of another person or party. Essentially, if the deceased would have had grounds to file a personal injury claim if they had survived, surviving family members typically have the legal basis to file a wrongful death claim. Wrongful death claims often arise from accidents such as car crashes, motorcycle accidents, truck collisions, slip and falls, medical malpractice, pedestrian accidents, dog bites, and more.

These individuals may include:

• The personal representative of the deceased’s estate
• The surviving spouse, domestic partner, or child/children of the deceased
• If there is no surviving spouse, domestic partner, or children, the surviving parent(s) may be eligible

Additionally, anyone who can demonstrate they were dependent on the deceased at the time of death may have the right to file a wrongful death claim. This could include stepchildren, siblings, or even non-related individuals who relied on the deceased for financial support for at least six months each calendar year.

Wrongful Death Claim FAQs

Q: How Long Do You Have to File a Wrongful Death Claim?

The statute of limitations for filing a wrongful death claim is two years from the date of death. Failing to file within these two years will prevent the court from dismissing the case. Therefore, filing a wrongful death claim within the statute of limitations is crucial to seek damages.

Q: How Long Does It Take to Settle a Wrongful Death Lawsuit?

The duration of a wrongful death lawsuit can vary significantly based on the case’s complexity. If the responsible party refuses to accept responsibility for your loved one’s death or if the insurance company offers an inadequate settlement, the lawsuit may take several years to resolve. Simpler claims, on the other hand, may be settled in less than a year. Although the process may seem lengthy, a fair settlement can help ease your family’s financial burden.

Q: What Qualifies as Wrongful Death?

The law defines “wrongful death” as the death of an individual caused by intentional, reckless, or negligent actions of another party. It is essentially a personal injury claim filed in civil court on behalf of the deceased to recover damages that would have been awarded had they survived.

Q: How Hard Is It to Prove Wrongful Death?

Proving wrongful death typically requires demonstrating four key elements:

• • The defendant’s negligence partially or wholly caused the deceased’s death.
  • The defendant owed the deceased a specific “duty of care,” which they violated (e.g., driving while intoxicated or distracted).
  • The defendant’s breach of duty led to the deceased’s death.
  • The surviving family members suffered monetary and emotional damages due to the death.

While proving these elements may be acceptable, having an experienced wrongful death attorney can be highly advantageous when presenting evidence.

Q: How Is a Wrongful Death Settlement Divided?

In most cases, a wrongful death settlement is divided equally between the surviving spouse and their children. For example, if a surviving spouse and two surviving children, each party typically receives 1/3 of the settlement. If there are more than two surviving children, the spouse still receives 1/3, with the remaining amount divided equally among the children. There are situations in which a surviving spouse or child may not recover compensation from a wrongful death settlement, particularly if they played a role in causing the deceased’s death.

Q: The Advantage of Our Firm’s Approach

Our wrongful death lawyers have extensive litigation experience involving over 80 wrongful death cases. We’ve successfully recovered millions of dollars for personal injury victims and families who have suffered wrongful death.

By intentionally maintaining a small firm, we concentrate our considerable resources on a select number of cases. This approach allows us to combine our insight, experience, and investigative skills to pursue justice vigorously on behalf of grieving families.

We aim to address your family’s needs and seek the best possible outcome within your case’s legal framework and circumstances.

Request a Complimentary Consultation With One Of Our Wrongful Death Attorneys Today at (847) 944-9400

If your loved one’s life was tragically cut short due to another party’s negligent or wrongful actions, turn to Garda, Haught, Fischer & Bhosale LTD for the professional legal counsel and support you and your family deserve. We understand the profound financial and emotional challenges you are facing. Our compassionate wrongful death attorneys can provide answers.

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