Wrongful Death Claims After an Accident

Losing a loved one is one of the most painful experiences a family can endure. When that loss is caused by someone else’s negligence — whether in a car crash, workplace accident, or another preventable incident — the grief is compounded by anger and questions of justice.

While no amount of money can replace the life of a loved one, a wrongful death claim provides families with a legal path to accountability. It can also ease the financial burden left behind by unexpected medical bills, funeral costs, and the loss of income and support.

At The Santos Law Firm, PLLC, we are committed to helping families navigate this difficult process with compassion and determination.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action brought against a person, company, or entity whose negligence or wrongful conduct caused someone’s death. These claims are separate from any criminal charges that may arise and focus on providing financial compensation to surviving family members.

Examples of incidents that can give rise to wrongful death claims include:

• Auto accidents caused by reckless or impaired drivers
• Workplace accidents resulting from unsafe conditions
• Medical malpractice and preventable medical errors
• Defective or dangerous products
• Accidents on unsafe property, such as falls or structural failures

Who Can File a Wrongful Death Claim?

In most cases, the right to file a wrongful death claim is limited to close family members. This typically includes:

• Spouses
• Children (biological and adopted)
• Parents of the deceased

If these individuals do not file within a certain timeframe, the estate representative may bring the claim on behalf of the family.

What Compensation Is Available?

Compensation in wrongful death claims is designed to address both the financial and emotional impact of losing a loved one. Recoverable damages may include:

• Medical expenses related to the accident
• Funeral and burial costs
• Lost wages and future earning potential
• Loss of inheritance
• Loss of companionship, guidance, and support
• Emotional pain and suffering of surviving family members

In certain cases, punitive damages may also be awarded to punish especially reckless or intentional conduct.

The Difference Between Wrongful Death and Survival Actions

Families are sometimes confused about the distinction between wrongful death claims and survival actions.

• Wrongful death claims compensate family members for their personal losses resulting from the death.
• Survival actions allow the estate to recover damages the deceased could have claimed if they had survived, such as pain and suffering, medical expenses, and lost wages between the time of the injury and the time of death.

Both may be pursued together to ensure full accountability and recovery.

Proving a Wrongful Death Claim

To succeed in a wrongful death case, it must be shown that:

1. The defendant had a duty of care to the deceased.
2. The defendant breached that duty through negligence or wrongful conduct.
3. The breach directly caused the accident and resulting death.
4. Surviving family members suffered measurable damages as a result.

Evidence often includes accident reports, medical records, expert testimony, witness statements, and in some cases, corporate safety records or internal documents.

Why Families Should Seek Legal Help

Wrongful death cases are complex and emotionally charged. Insurance companies and defendants may attempt to minimize liability or shift blame. Families already struggling with grief should not have to fight these battles alone.

An experienced wrongful death attorney can:

• Investigate the cause of death and preserve critical evidence
• Identify all liable parties, which may include individuals, employers, or corporations
• Calculate the full extent of economic and emotional damages
• Handle negotiations with insurers and opposing counsel
• Take the case to trial if a fair settlement is not offered

How The Santos Law Firm Supports Families

At The Santos Law Firm, PLLC, we understand the immense pain families face after a wrongful death. We approach these cases with sensitivity while aggressively pursuing justice. Our team works to relieve the legal burden so families can focus on healing, while we focus on accountability and results.

From the moment we are retained, we act swiftly to investigate, preserve evidence, and build a strong case against those responsible.

Seek Justice for Your Loved One

If you have lost a loved one in an accident caused by negligence or wrongdoing, you have the right to seek accountability. A wrongful death claim cannot erase the pain of your loss, but it can provide financial security and a sense of justice.

Contact The Santos Law Firm, PLLC today for a free and confidential consultation. We are here to listen, support, and fight for the justice your family deserves.