Determining How the Death Happened
A fatal accident can leave unanswered questions, particularly when the person who died cannot provide their own account of what occurred.
Our attorneys investigate the circumstances surrounding the death and may examine accident reports, photographs, medical records, vehicle or equipment evidence, witness statements, surveillance footage, employment records, or other documentation.
The investigation is designed to establish what happened, why it happened, and which parties may have contributed to the fatal incident.
Wrongful Death Claims Can Follow Many Types of Accidents
Fatal injuries can result from a wide range of negligent conduct.
KRW Lawyers has experience handling claims involving:
- Car, truck & motorcycle crashes. Driver negligence, impaired driving, unsafe commercial vehicle operation, and other conduct can result in fatal collisions.
- Pedestrian & bicycle accidents. A driver's failure to yield, distracted driving, or unsafe maneuver can cause a fatal impact.
- Construction & industrial accidents. Equipment failures, dangerous site conditions, inadequate maintenance, or third-party negligence may contribute to a worker's death.
- Premises liability incidents. Dangerous property conditions or inadequate security can sometimes result in fatal injuries.
- Defective products. A dangerous vehicle, machine, or consumer product may cause a fatal accident and create potential claims against companies involved in its design, manufacture, or distribution.
- Sexual abuse. In certain circumstances, abuse and institutional failures may contribute to a death and create civil claims for eligible survivors.
The cause of death determines which parties and legal theories need to be investigated.
Who May Be Responsible for a Wrongful Death?
Responsibility may extend beyond the person whose actions immediately caused the fatal injury. A trucking company, property owner, manufacturer, contractor, maintenance provider, or other organization may have contributed to the circumstances that led to the death.
For example, a fatal collision may involve negligent driving as well as inadequate vehicle maintenance. A workplace death may involve both an unsafe condition and a third-party contractor.
KRW Lawyers examines the complete chain of events to identify potentially responsible parties rather than stopping with the most obvious defendant.
Preserving Evidence After a Fatal Accident
Evidence can disappear quickly after a serious accident. Vehicles may be repaired or destroyed, machinery may be returned to service, surveillance footage may be overwritten, and physical conditions at an accident scene can change.
Early investigation can help preserve photographs, electronic records, maintenance histories, witness information, accident reports, medical documentation, and other evidence that may be relevant to the claim.
This can be particularly important when the responsible party or an insurance company begins its own investigation immediately after the death.
The Financial Loss Can Be Difficult to Calculate
When someone dies, the family's financial losses can extend far beyond the expenses associated with the funeral.
Depending on the circumstances and applicable law, a wrongful death claim may involve:
- Medical & funeral expenses. Costs associated with the final injury, treatment, burial, or other disposition may be recoverable where permitted.
- Lost income & financial support. The death of a wage earner can affect the family's financial security for years.
- Loss of services. Household contributions and other services provided by the deceased may have economic value.
- Loss of companionship. The absence of a spouse, parent, or other close family member can create significant non-economic harm.
- Emotional and personal losses. The law may recognize additional losses depending on the relationship of the surviving family member and the circumstances of the death.
The value and availability of these damages depend on the facts of the claim and applicable law.
When the Deceased Was Supporting a Family
A wrongful death can fundamentally change the financial structure of a household. Families may suddenly lose wages, health benefits, retirement contributions, childcare, household services, or other forms of support.
Calculating those losses may require looking beyond the income the deceased earned immediately before death. Age, occupation, earning history, benefits, expected career progression, and other financial information may be relevant.
Fatal Injuries Can Also Create Questions About Future Losses
The legal analysis may need to account for what the deceased would reasonably have contributed to the family over time. This can involve employment income, household services, and other forms of financial or practical support.
Where appropriate, financial or economic evidence can help establish the projected value of those losses.
When an Insurance Company Contacts the Family
After a fatal accident, an insurer may reach out quickly to surviving family members. The family may be offered a settlement before the full financial consequences of the death have been evaluated.
KRW Lawyers can communicate with insurers on the family's behalf, investigate the available coverage, review settlement proposals, and negotiate from a position informed by the evidence and documented losses.
Wrongful Death Claims Have Important Timing Requirements
Families should not assume they have unlimited time to pursue a wrongful death claim. Filing deadlines can apply, and the rules governing those deadlines may depend on the circumstances and type of claim.
Evidence can also become harder to locate as time passes. Promptly discussing the death with an attorney can help identify applicable deadlines and preserve information while it remains available.
Seeking Accountability While Protecting Your Family's Interests
No legal claim can replace the person who was lost. A wrongful death action is instead a way for the personal representative of the person who died to seek compensation on behalf of surviving family members for legally recognized losses and hold responsible parties accountable through the civil justice system.
Seeking Justice for Your Family
If someone else's negligence caused the death of a loved one, determining what happened and what legal options exist can be overwhelming. KRW Lawyers can investigate the circumstances, identify potentially responsible parties, preserve evidence, and pursue the compensation available under the law.
Let our team handle the legal and claim process while your family focuses on the people and responsibilities immediately in front of you.
Call (505) 628-0776 or contact us online to discuss your wrongful death claim.
