Wrongful Death

At The Abraha Law Firm, our dedicated team of attorneys understands the profound emotional and financial impact that the untimely loss of a loved one can have on a family. We specialize in handling cases involving wrongful death, a complex area of law aimed at providing solace and pursuing justice for those who have suffered the devastating loss of a family member due to the negligence or misconduct of another party. Our firm is committed to guiding our clients through the legal process with compassion, while diligently seeking the compensation they deserve.

Wrongful death refers to a legal claim that arises when an individual’s life is cut short due to the negligent, reckless, or intentional actions of another person, company, or entity. In such cases, surviving family members may be entitled to seek financial compensation for the loss of their loved one, including damages for emotional distress, loss of financial support, funeral expenses, and other associated losses. In general, the following key aspects must be considered when pursuing a wrongful death claim:

 

1. Eligibility to File: Only certain individuals, typically the surviving spouse, children, or parents of the deceased, have the legal standing to file a wrongful death claim. In the absence of these eligible parties, a personal representative of the deceased’s estate may bring the claim.
2. Burden of Proof: To succeed in a wrongful death claim, the plaintiff must establish that the defendant’s negligence or intentional misconduct directly caused the death of the individual. This involves demonstrating a duty of care owed by the defendant, a breach of that duty, and a causal connection between the breach and the death.
3. Damages: Damages in a wrongful death claim can encompass various losses, including medical expenses, funeral and burial costs, lost wages and benefits, loss of companionship, and emotional pain and suffering experienced by surviving family members.

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The statute of limitations for filing a wrongful death claim can be as short as two years from the date of the incident. Therefore, it is essential to consult with an attorney as soon as possible, as certain other exceptions or deadlines may apply in specific circumstances. Failing to file within this timeframe can result in the claim being time-barred.

1. Medical Malpractice: Negligent actions or errors by healthcare professionals, such as misdiagnosis, surgical mistakes, medication errors, or failure to provide adequate care, resulting in the death of a patient.
2. Vehicle Accidents: Fatalities caused by car accidents, truck accidents, motorcycle crashes, pedestrian accidents, or other incidents due to driver negligence, intoxicated driving, speeding, distracted driving, or faulty vehicle equipment.
3. Workplace Accidents: Fatal injuries suffered in construction accidents, industrial accidents, falls, equipment failures, exposure to hazardous substances, or any other workplace incident caused by the negligence of an employer, co-worker, or third party.
4. Defective Products: Death resulting from the use of defective consumer products, pharmaceutical drugs, medical devices, or machinery due to design flaws, manufacturing defects, or inadequate warnings.
5. Premises Liability: Fatal incidents occurring on someone else’s property due to hazardous conditions, inadequate security, or negligence in property maintenance, leading to fatal accidents, assaults, or other incidents.