Fighting For Your Rights For Over 60 Years

Wrongful Death

The death of a loved one is a deeply emotional and painful experience. However, when that death occurs due to the negligence or intentional actions of another, the grief can be compounded by feelings of anger, confusion, and frustration. At The Karmel & Torres Law Firm, we understand the complexity of wrongful death cases and are dedicated to providing you with the compassionate legal counsel you need to seek justice for your loved one’s untimely passing.

Our attorneys are committed to guiding you through the legal process, ensuring that you understand your rights and options, while providing the relentless advocacy needed to pursue the compensation you deserve. We are here to support you during this difficult time, helping you navigate the legal complexities while fighting to secure a future free from financial worry.

What is Wrongful Death?

A wrongful death occurs when a person dies as a direct result of the intentional or negligent actions of another individual, company, or entity. It may involve fatal accidents, negligent behavior, or misconduct that could have been prevented had the responsible party exercised proper care or concern for the safety of others.

Under wrongful death law, family members or beneficiaries of the deceased—such as spouses, children, parents, or financial dependents—can pursue a legal claim for damages. The purpose of these claims is to seek justice for the deceased, provide financial relief for surviving family members, and hold the responsible party accountable for their actions or negligence.

Common Causes of Wrongful Death

Wrongful death can result from a variety of causes. Below are some of the most common situations where wrongful death claims arise:

  • Motor Vehicle Accidents: Motor vehicle accidents remain one of the leading causes of wrongful death. Whether it involves a car, truck, motorcycle, or pedestrian, fatal accidents caused by the negligent or reckless actions of another driver can lead to devastating consequences for families.
    • Examples include: Collisions due to drunk driving, distracted driving (texting or talking on the phone), speeding, running red lights, or negligent behavior such as tailgating or driving aggressively.
  • Defective Products: Fatal injuries resulting from a defective product are not uncommon. Product manufacturers, distributors, and retailers can be held accountable for wrongful death when their product is found to be unreasonably dangerous due to design flaws, manufacturing defects, or inadequate warnings or instructions.
    • Examples include: Defective airbags, faulty medical devices, dangerous household appliances, defective vehicles, and toys or children’s products that pose a risk of injury or death.
  • Premises Liability (Slip and Fall): When property owners fail to maintain safe conditions for those on their premises, fatal accidents can occur. In such cases, property owners or businesses may be held liable for wrongful death due to unsafe conditions that they failed to correct or warn about.
    • Examples include: Slip and fall accidents leading to fatal head injuries, fatal falls caused by unsafe staircases, poorly lit parking lots, or dangerous conditions in public places like shopping centers or hospitals.
  • Criminal Acts or Assaults: A wrongful death claim can also arise from the criminal actions of others, such as assault, homicide, or even reckless endangerment. In these cases, even if the responsible individual faces criminal charges, the family may still pursue civil action to recover damages.
    • Examples include: Deaths caused by acts of violence, domestic abuse, robbery gone wrong, or assaults leading to fatal injuries; Failure by a business or entity to take proper security measures to prevent the criminal acts of a third party leading to the death of an innocent individual
  • Nursing Home Abuse or Neglect: Many families place their loved ones in nursing homes, trusting that the facility will provide proper care and attention. When neglect, physical abuse, or lack of proper care leads to the death of an elderly family member, a wrongful death lawsuit can help bring justice to the situation.
    • Examples include: Malnutrition, dehydration, falls due to lack of supervision, untreated bedsores, improper medication administration, and physical abuse by staff.

The Legal Process in Wrongful Death Cases

Wrongful death claims can be emotionally and legally complex. At The Karmel & Torres Law Firm, we provide step-by-step guidance through the legal process:

  1. Investigating the Case:
    The first step in a wrongful death claim is a thorough investigation. We collect all relevant evidence, including accident reports, medical records, witness statements, and any physical or forensic evidence that helps build the case. We may also work with accident reconstructionists, medical experts, and other professionals to establish exactly how and why the death occurred.
  2. Identifying and Proving Liability:
    To succeed in a wrongful death lawsuit, we must prove that the responsible party’s actions directly caused the death. This involves proving negligence, recklessness, or intentional harm. Our team uses a combination of legal expertise and expert testimony to establish that the responsible party acted in a way that led to your loved one’s untimely passing.
  3. Determining the Value of Your Claim:
    Calculating the value of a wrongful death claim is a crucial part of the process. We take into account both economic damages (such as lost wages, funeral expenses, and medical bills) and non-economic damages (such as pain and suffering, loss of companionship, and emotional distress). We also consider the future financial losses that your family will incur due to the death of your loved one.
  4. Negotiating a Settlement:
    In many wrongful death cases, the defendant or their insurance company may offer a settlement. While we strive to negotiate a fair settlement that covers all your losses, we do not settle for less than what your family deserves. If the insurance company or defendant offers a lowball settlement, we will advise you on the best course of action.
  5. Litigation and Trial:
    If negotiations fail and a fair settlement cannot be reached, we are prepared to take your case to trial. Our attorneys are experienced litigators with a track record of success in the courtroom. We will present your case effectively to a jury to secure the compensation your family deserves.

Types of Compensation in Wrongful Death Claims

While no amount of money can replace a loved one, the compensation from a wrongful death claim is how the law allows us to hold those responsible for the death accountable, and can alleviate some of the financial burden caused by the loss. The types of compensation typically available include:

  • Funeral and Burial Expenses: Compensation for the costs associated with funeral arrangements, burial, or cremation, and memorial services.
  • Medical Bills: Any medical expenses incurred before the death, including emergency care, hospital stays, surgeries, medication, and medical consultations.
  • Loss of Financial Support: This includes the income your loved one would have earned if they had lived, including salary, retirement contributions, and other benefits they would have provided to the family.
  • Loss of Companionship and Emotional Support: Compensation for the emotional distress and loss of companionship that family members suffer as a result of the death, including the loss of love, affection, and guidance.
  • Pain and Suffering: For the pain and suffering that your loved one endured before passing, especially in cases of prolonged illness or injury.
  • Loss of Future Earning Capacity: An estimation of what your loved one would have earned had they lived, including promotions, raises, and financial opportunities.
  • Punitive Damages: In cases where the defendant’s actions were grossly negligent or intentional, punitive damages may be awarded to punish the defendant and deter similar actions in the future. These damages are in addition to any other compensatory damages.

Why Choose The Karmel & Torres Law Firm?

When you are facing the aftermath of a wrongful death, you need an attorney who not only understands the legal process but also approaches your case with sensitivity and compassion. Here’s why clients choose The Karmel & Torres Law Firm:

  • Personalized, Compassionate Legal Representation: We understand the emotional and financial strain wrongful death can cause, and we offer personalized support to ensure that you and your family are taken care of.
  • Experienced Legal Team: Our lawyers have extensive experience in handling complex wrongful death cases and understand the nuances of both settlement negotiations and litigation.
  • Aggressive Pursuit of Justice: We are committed to fighting for the compensation you deserve, using all available resources to ensure that those responsible are held accountable.
  • Transparent Communication: We keep you informed every step of the way, answering your questions and providing clarity on your legal options.
  • No Fees Unless We Win: We work on a contingency fee basis, meaning you do not pay anything unless we successfully win your case.

Contact Us Today

If you or a loved one has been injured, don’t wait – time is critical. Let The Karmel & Torres Law Firm fight for the justice and compensation you deserve.

📞 Call us now: 312-680-0797

Justice Is Your Right – We Make It Happen