Springfield Wrongful Death Attorney

Helping Families Seek Justice

When a loved one dies due to the negligence, recklessness, or intentional misconduct of another person or entity, the surviving family members are often left with overwhelming grief and financial instability. In these trying times, the legal system can be a daunting place to turn for help.

This is why our team at Libbos Law exists. We are a group of compassionate, experienced wrongful death attorneys who are committed to helping families seek the justice, closure, and compensation they are owed.

If you have experienced a loss due to someone else's negligence, recklessness, or misconduct, we urge you to contact our Springfield wrongful death lawyer. Call (413) 376-7007 today.

What is a Wrongful Death?

In general, a wrongful death is a death that occurs due to the wrongful and negligent, reckless, or intentional conduct of another person or entity. There are two main types of wrongful death claims:

• Negligent homicide: This occurs when a person is killed due to the negligent act of another person, such as a driver who causes a fatal car crash due to speeding.
• Criminal homicide: This occurs when a person is killed due to the criminal act of another person, such as a homicide.

Common Causes of Wrongful Death

• Car Accidents: Car accidents are one of the leading causes of wrongful death. Fatal crashes can occur due to factors such as speeding, distracted driving (e.g., texting or using a phone while driving), or impaired driving under the influence of alcohol or drugs. In high-speed collisions, the impact can be fatal, especially when multiple vehicles are involved. Car accidents often result in severe injuries that can lead to death, and when caused by another driver’s negligence, it may lead to a wrongful death claim.
• Medical Malpractice: Medical malpractice is another common cause of wrongful death. These deaths may result from surgical errors, misdiagnosis, delayed diagnosis, or improper treatment. For example, a surgeon performing an operation on the wrong body part or a doctor failing to diagnose cancer in a timely manner can lead to fatal consequences. Hospitals, doctors, nurses, and other healthcare professionals have a duty of care to patients, and when they breach that duty, the results can be devastating.
• Workplace Accidents: Fatal accidents can occur in high-risk industries such as construction, manufacturing, or agriculture. In these environments, workers may be exposed to hazardous materials, heavy machinery, or dangerous working conditions. For example, a fatal fall from a building, exposure to toxic chemicals, or equipment failure can result in wrongful death. Employers are responsible for providing a safe work environment, and their failure to do so can lead to fatal consequences.
• Defective Products: Product manufacturers and distributors can be held responsible when their products are defectively designed or poorly manufactured. Faulty machinery, unsafe vehicles, or defective drugs can lead to fatal injuries. For example, a car with a faulty airbag or a toy containing harmful chemicals can cause death if the product malfunctions. Manufacturers have an obligation to ensure their products are safe for consumers.
• Premises Liability: Property owners can be held accountable if their negligence causes a fatal injury on their property. Premises liability involves unsafe conditions such as slippery floors, inadequate lighting, or broken staircases. In some cases, criminal activity, such as a robbery or assault, may occur due to the property owner’s failure to maintain security, leading to death. If an unsafe environment contributes to a fatal accident, the property owner may be liable for wrongful death.
• Nursing Home Abuse: Sadly, nursing home abuse and neglect can result in wrongful death. This type of death can be caused by physical abuse, emotional neglect, or inadequate care in long-term care facilities. Elderly residents who are deprived of proper medical attention, medications, or food may face fatal consequences. Additionally, physical abuse or failure to prevent falls can cause serious injuries that lead to death. Families have a right to seek justice for their loved ones who have suffered in these situations.

Who Can File a Wrongful Death Claim?

• Surviving Family Members: Typically, immediate family members such as spouses, children, and parents have the legal right to file a wrongful death claim. This is because these family members often suffer the most from the loss, both emotionally and financially. They may have lost financial support, companionship, and care due to the death of their loved one.
• Who Can’t File: Extended family members, such as cousins, aunts, or uncles, generally do not have the legal standing to file a wrongful death lawsuit. However, if they can demonstrate financial dependency on the deceased, they may be eligible to file. For example, if a cousin was financially dependent on the decedent due to disability or other circumstances, they might be able to bring a claim.
• Personal Representatives: In some cases, a personal representative of the deceased's estate may file the wrongful death claim on behalf of the surviving family members. The personal representative is typically appointed through a will or by the court if no will exists. This individual has the legal authority to act on behalf of the deceased's estate and ensure that any compensation awarded is distributed to the rightful heirs. Personal representatives can also file on behalf of minor children or other dependents who may not be able to act on their own behalf.

Understanding who is eligible to file a wrongful death claim is crucial in ensuring that the right parties seek justice and compensation. If you believe you may have a claim, it’s important to speak with a wrongful death attorney who can help navigate the complexities of the law and represent your family’s interests.

If you have experienced a loss due to someone else's negligence, recklessness, or misconduct, we urge you to contact our Springfield wrongful death lawyer. Call (413) 376-7007 today.