Losing a loved one due to someone else’s negligence or misconduct is an unimaginable tragedy. The emotional toll is overwhelming, and the financial burden can be devastating. At Gagliano Law, PLLC, we are dedicated to helping families seek justice and compensation through wrongful death claims. While no legal action can bring back your loved one, we are here to help you hold the responsible parties accountable and secure the financial support you need.
Understanding wrongful death claims
A wrongful death claim is a legal action brought by the surviving family members or estate of an individual who has died due to the negligence, recklessness, or intentional misconduct of another party. These claims seek to provide financial relief to survivors dealing with the loss and the expenses that often follow such a tragedy.
Common causes of wrongful death include:
- Car, truck, or motorcycle accidents caused by negligent or reckless drivers
- Medical malpractice, including surgical errors, misdiagnoses, or medication mistakes
- Workplace accidents, particularly in hazardous industries such as construction
- Defective products that cause fatal injuries due to design or manufacturing flaws
- Acts of violence or criminal negligence leading to a wrongful death
Who can file a wrongful death claim?
Wrongful death laws vary by state, but typically the deceased’s surviving family members or the estate’s representative are eligible to file a claim. This may include:
- Spouses and life partners
- Children, including adopted children
- Parents of the deceased
- Other dependents or individuals named in the deceased’s estate
At Gagliano Law, PLLC, we can help you determine your eligibility and guide you through the legal process with care.
Compensation available in a wrongful death case
- Medical expenses: any medical costs incurred before the deceased’s passing due to the accident or negligence
- Funeral and burial expenses: the costs associated with laying a loved one to rest
- Loss of income and benefits: compensation for lost financial support if the deceased was a primary earner
- Pain and suffering: emotional distress and mental anguish experienced by surviving family members
- Loss of companionship: compensation for the loss of a spouse, parent, or child’s love, guidance, and support
No fees unless we win your case
We understand that pursuing legal action can be overwhelming, especially while grieving. Gagliano Law, PLLC works on a contingency fee basis, meaning you pay nothing upfront and we only receive payment if we win your case.
The wrongful death claim process
- Conduct a comprehensive investigation into the cause of death
- Collect evidence, including medical records, accident reports, and expert testimony
- Identify all liable parties and hold them accountable
- Negotiate with insurance companies to secure a fair settlement
- Take the case to trial if necessary
Time is limited
Each state has a statute of limitations that sets a deadline for filing a wrongful death claim. If this deadline passes, you may lose your right to seek compensation. Additionally, critical evidence can be lost over time, making it essential to take action as soon as possible.
Frequently asked questions
Who can be held liable in a wrongful death case?
Liability depends on the circumstances surrounding the death. It may include individuals, companies, healthcare providers, or manufacturers who acted negligently or recklessly.
How long do I have to file a wrongful death claim?
Each state has different deadlines, typically ranging from one to three years. It is important to consult an attorney as soon as possible.
What if the person responsible is facing criminal charges?
A wrongful death claim is a civil lawsuit, separate from any criminal case. Even if the responsible party is charged or convicted, you may still pursue financial compensation through a civil claim.
How much compensation can I receive for a wrongful death case?
The amount varies based on medical costs, lost income, pain and suffering, and other damages.
Do I need to go to court to settle a wrongful death claim?
Many cases settle outside of court through negotiations. However, if a fair settlement cannot be reached, we are prepared to take your case to trial.
Contact us for compassionate legal representation
Losing a loved one is one of life’s most painful experiences, and no amount of money can replace them. However, seeking justice can provide financial security and accountability. Contact us today for a free consultation.
