Nothing is more painful than losing a loved one to another’s negligence. The Jonesboro wrongful death lawyers at T. Madden & Associates P.C. handle a variety of claims arising out of a person or company’s negligence. If your loved one died in a car accident, truck accident, workplace accident, or due to medical negligence, then you could be entitled to compensation, including medical expenses, funeral expenses, and loss of future income.
How To Prove A Wrongful Death Claim
In order to recover compensation in a wrongful death case, the plaintiff must prove fault on the part of the defendant. Negligence is based on the duty of care, which is a legal obligation that one has for another whenever doing anything that could potentially harm them, such as when operating a vehicle or performing surgery.
In order to win your lawsuit, your wrongful death attorney will have to prove that the defendant owed the plaintiff a duty of care. For example, drivers owe each other a duty of care as well as bikers, pedestrians, and passengers. Employers owe their employees a duty of care to maintain a safe premises for work.
Next, your attorney has to prove that the defendant was negligent and violated their duty of care. Then they have to show that the breach of duty of care was a direct cause of your loved one’s death. Finally, they will have to demonstrate that you suffered losses because of the untimely passing of your loved one.
Types of Wrongful Death Claims We Handle
Our personal injury attorneys have extensive experience litigating the following types of wrongful death cases at our Jonesboro office.
Motor Vehicle Accidents
The National Highway Traffic Safety Administration (NHTSA) estimated that 42,915 people died in motor vehicle traffic crashes in 2021, which is a 10.5% increase from the 38,824 fatalities in 2020. Some of the top causes of fatal car accidents are driving while intoxicated or under the influence of drugs, speeding, aggressive driving, distracted driving like texting, driving while fatigued, and reckless driving. We also represent clients who were injured in truck accidents and motorcycle accidents.
Workplace Accidents
According to the U.S. Bureau of Labor Statistics (BLS), there were 4,764 fatal work injuries in the United States in 2020. That equates to 3.4 fatalities per 100,000 full-time equivalent (FTE) workers. The most common cause of workplace fatalities is car accidents, which account for 37.3% of all work-related fatalities. Exposure to hazardous substances, electrocutions, falls, and inadequate safety equipment are the top causes of fatal workplace accidents.
Medical Malpractice
Medical malpractice is when a medical provider causes injury to a patient through negligence or failure to act. Unfortunately, sometimes their negligence can lead to patient fatalities. Fatal medical errors are the third leading cause of death in the US after cancer and heart disease, according to research conducted at Johns Hopkins University. Wrongful death litigation requires a lawyer with experience in this area who will demand justice. Contact our wrongful death lawyers today if you believe that your loved one died due to medical malpractice.
Negligent Security
Property owners have an obligation to secure their premises to prevent crime. If your loved one was killed on the property of a hotel, convenience store, restaurant, or other business, then call us.
Types Of Compensation In A Wrongful Death Claim
In addition to the considerable emotional distress the loss of a loved one causes, there are economic issues to consider.
Economic Damages
With the help of a Jonesboro wrongful death attorney, you may recover financial damages to compensate you for your losses. Economic damages include medical expenses, lost wages, lost future earnings, funeral and burial costs, and any other costs related to the injury or accident that the deceased incurred before their untimely death.
Noneconomic Damages
You can also recover non-financial losses in a wrongful death lawsuit. Although they are subjective, non-economic damages compensate the family of the deceased for very real losses. The most common examples are pain that the deceased suffered before their untimely death, mental anguish, loss of consortium, and loss of companionship.
Punitive Damages
Punitive damages are awarded in a wrongful death claim when the defendant’s outrageous and reckless conduct resulted in the death of a loved one. If the defendant’s misconduct is deemed grossly negligent, malicious, or intentional, then you may be awarded punitive damages in a wrongful death claim. They were created to deter defendants from repeating the same misconduct in the future.
How long will it take to settle my wrongful death case?
We understand that you want to move on from this and have a deep desire to seek justice. Our wrongful death attorneys try to settle out of court so that you don’t have to spend years waiting for an answer. However, we will not stop fighting if you are not given an acceptable offer. We prepare each case thoroughly as if it would be heard in court and scrutinized by a judge and jury. We are determined to provide you with tireless representation.
There are state laws, insurance companies, damages, and other things that have to be considered on a case-by-case basis. Unfortunately, there is no way to know how long it will take to settle your wrongful death lawsuit. However, when you meet with us at our Jonesboro office, we can listen to you and then tell you how long it takes our law firm, on average, to settle cases that are similar to yours.
Call Our Jonesboro Wrongful Death Lawyers Today
Many legal issues are not straightforward, and wrongful death cases are some of them. T. Madden & Associates P.C. can take the burden of preparing for a wrongful death case off your back so that you can grieve and mourn your loss.
Call 833-PAID-123 to schedule your initial meeting with a wrongful death attorney at our Jonesboro office and to find out what you should bring to your meeting to help your lawyer determine the strength of your case.