Wrongful Death Lawyer

Losing a loved one is never easy, but dealing with the loss of a loved one who died in a preventable personal injury can be particularly difficult. The possibility that your loved one would still be here today if it were not for the negligence of another person or party is a kind of heartbreak nobody should have to experience.

As you grieve the person you love, the funeral expenses, missing income, and other expenses may begin to mount, causing an added financial pressure you were not prepared to deal with. The emotional, psychological and financial pain may become too much, and you may feel unsure where to turn next. An wrongful death lawyer from Benchmark Injury Law can be a pillar of support and a resource to help you build a strong case to receive compensation for your wrongful death claim.

What Is Involved in a Wrongful Death Claim

Often, the loss of a loved one comes with terrible financial consequences, particularly in cases where the deceased person was the primary breadwinner of the family. Law permits specified individuals who have lost a loved one due to the negligent actions of another to seek compensation for their damages by opening a claim for wrongful death.

As with many personal injury claims, four elements must be proven for a wrongful death claim to succeed. They are as follows:

The at-fault party owed a duty of care to the deceased person.

The at-fault party breached this duty of care.

This breach resulted in the victim’s death.

The victim’s death resulted in damages, either direct losses of the deceased, or losses suffered by loved ones.

Benchmark Injury Law Founder,Shaun Phillips ESQ., is an experienced wrongful death attorney. He will work diligently to build a winning case, and to support his clients as they navigate the claims process, as well as the emotional struggles following the loss of a loved one.

Recover Compensation for the Wrongful Death of a Loved One

If you have recently lost a family member in an accident that was caused by another party’s negligence, you could be entitled to monetary compensation for damages such as:

Pain and suffering of the deceased from the time of their injury up to their death

Wages lost between the time of the deceased’s injury up to their death

Medical expenses

Loss of future earnings by the deceased

Funeral and burial expenses

Damages may also be awarded for other non-economic losses, including for loss of:

Affection

Care assistance

Comfort

Companionship

Guidance

Love

Moral support

Protection

Consortium

In most cases, law requires a wrongful death lawsuit to be filed within two years of the deceased person’s date of death.However, the statute of limitations has some exceptions for cases that involve the death of a minor, medical malpractice claims, and public entity claims.To determine if you still have the option of opening a claim for wrongful death, schedule a free review of your situation with a wrongful death lawyer at Benchmark Injury Law.

Recover Compensation for Your Loved One’s Death With a Wrongful Death Attorney

AtBenchmark Injury Law, our team of personal injury lawyers and case managers help people who have lost a loved one as a result of another party’s negligence. When it comes to wrongful death claims, you need the help of a trusted legal adviser who has the best interests of your family in mind. That is why our firm uses a unique and values-based approach to help our clients pursue the justice they are owed.

Benchmark Injury Law is dedicated to developing strong client relationships by prioritizing the individual needs of each client. For a free, no-obligation review of your situation, call wrongful death lawyer Shaun Phillips ESQ. at 844-BIG-WINZ (844-244-9469) or submit a completedcontact form for more information about how we can help.

Frequently asked questions

What is a wrongful death claim?

It is a civil claim that may be available to certain eligible family members or representatives when a death is alleged to have been caused by another party’s wrongful conduct. Who may bring a claim depends on the law and facts.

What should a family gather before discussing a claim?

Helpful records may include the death certificate, incident information, insurance details, and documents showing family or financial relationships. Do not delay asking about the rules that apply to your circumstances.

Are wrongful-death claims subject to special rules?

Yes, these matters can involve specific rules about who may file, what losses may be considered, and timing. The rules vary with the facts and jurisdiction, so prompt case-specific advice is important.

What records should I organize for a wrongful-death matter matter?

Useful records may include the death certificate, incident information, insurance details, and records of family or financial relationships. Keep available documents in their original form when practical, and do not put your safety at risk to collect them.

Should I wait until I have every record before asking about a wrongful-death matter matter?

Not necessarily. Note which records you have, which are missing, and who may hold them. An initial review can identify additional information, but it is not legal advice for your specific situation.

Does one detail determine the outcome of a wrongful-death matter matter?

No. For example, who may bring a claim and which losses the law allows to be considered may matter, but its significance depends on all the evidence and applicable rules. An individual review should consider the full context.

What consequences may be relevant in a wrongful-death matter matter?

A review focuses on the legal questions and practical effects raised by the situation. Some civil matters may involve documented medical or financial effects; others turn on procedures or agreements. What is relevant depends on the facts and law.

Does every wrongful-death matter matter follow the same process?

No. The process may depend on the type of matter, jurisdiction, parties, and applicable documents. A case-specific review can clarify the relevant steps without assuming one procedure fits every situation.

Is there one deadline for every wrongful-death matter matter?

There is no single deadline that applies to every case. Timing may depend on the law, jurisdiction, parties, and type of claim; ask promptly about your specific circumstances.

Does contacting Benchmark create an attorney-client relationship for a wrongful-death matter matter?

No. An initial conversation does not by itself create an attorney-client relationship. Representation, scope, and fees must be expressly agreed before the firm accepts a matter.

Call 844-BIG-WINZ (844-244-9469) · Free consultation

Serving clients across California and Idaho.