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What Is Wrongful Death?

Wrongful death is a legal claim that arises when someone dies as a result of another party’s negligence, recklessness, or intentional misconduct. These cases can stem from a wide range of incidents, including car crashes, medical errors, workplace accidents, or dangerous and defective products.

The Impact of Wrongful Death

Losing a family member is emotionally devastating, and the aftermath can bring financial hardship as well. In many cases, the deceased was a primary income earner, and their loss can deeply affect the family’s financial stability. Grief is often compounded by feelings of anger, guilt, and helplessness. Filing a wrongful death claim can offer a path toward justice and help ease some of the financial burden.

Who Can File a Wrongful Death Claim?

In most cases, wrongful death claims may be filed by the deceased person's spouse, children, or parents. If none of these relatives are available or eligible, the executor or administrator of the estate may file the claim on behalf of the estate. Determining eligibility can be complex, so it’s important to consult with an experienced wrongful death attorney who can guide you through the legal process and protect your rights.

Proving a Wrongful Death Claim

To succeed in a wrongful death case, the claim must demonstrate that the death resulted from another party’s negligence or misconduct. This involves proving four essential elements:

  • Duty of Care: The responsible party had a legal obligation to avoid causing harm to the deceased.
  • Breach of Duty: That duty was violated through negligent actions or inaction.
  • Causation: The breach directly resulted in the victim’s death.
  • Damages: Surviving family members suffered financial and emotional harm because of the loss.

Building a strong wrongful death claim requires thorough evidence, including medical records, accident reports, and witness statements. This complex process is why it’s critical to work with an experienced wrongful death attorney who can investigate the circumstances, gather supporting documentation, and advocate for your family’s right to compensation.

Testimonials

They are not too pushy but provide you with the information to make an informed decision.

Heka

Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.

Mr. Stewart Guss is such a kind and caring attorney.

Ben

Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!

I had the best experience with this firm. I have never gotten in an accident, so I didn’t know the process or what to expect at all.

Sabrina

I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...

I recommend Mr. Guss to anyone who seeks hard-working staff.

Amanda

The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable.  They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner.  They answer your questions and concerns appropriately for all parties involved.  I recommend Mr. Guss to anyone...

I made the right decision to choose Stewart J Guss law firm.

Khanh

I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!

I was able to get the help I needed for an accident that wasn’t my fault.

Patricia

I had an accident where I was at a stop light and it was drizzling and a car was turning the corner where I was at and turned the corner to quickly and hit me right on. My boyfriend found Stewart Guss law firm and Isis started things quickly started on my medical had me go get checked and get assistance in my pain. Isis was very helpful and kind. She got me through all of the headaches and I re...

I knew immediately that I was going to need a lawyer as I was feeling pain right after the wreck.

Miguel

When I got in a car accident back in early 2018, I knew immediately that I was going to need a lawyer as I was feeling pain right after the wreck. After doing some google searching for a good personal injury lawyer I came across Stewart J. Guss’s site. I talked with someone about my case. They then proceeded to take on my case, and got me all the medical treatment(s) that I needed to try ...

The Law Office of Stewart Guss walked me through the whole process from the beginning until the end.

Kenia

Things are a lot different when you’re on the other end of a car accident, there’s a lot of overwhelming emotions as well as confusion on where to start. Thankfully the Law Office of Stewart Guss walked me through the whole process from the beginning until the end. I had a lot of questions on what to expect and I felt like all my worries and questions were taken care of. They really...

I would recommend Stewart J. Guss to anyone that has been injured in a car accident.

Jennifer

I found the law office of Stewart J. Guss from a Google search after being involved in an accident after someone hit me running a red light. Ashley was very helpful throughout the entire process. She quickly got me into treatment for my injuries and kept me updated throughout the process. I would recommend Stewart J. Guss to anyone that has been injured in a car accident.

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Types of Compensation in a Wrongful Death Claim

Families seeking justice through a wrongful death claim may be eligible to recover several types of damages. While no amount of money can replace a lost loved one, securing full compensation can help ease financial strain and provide support during the healing process. It also offers a way to honor the deceased by holding the responsible party accountable.

Economic Damages

These losses may include the income and benefits the deceased would have earned over their lifetime, as well as funeral and burial expenses. Compensation can help support the financial needs of surviving family members.

Non-Economic Damages

These damages reflect the emotional impact of the loss, such as the pain and suffering endured by loved ones and the loss of companionship, guidance, and support.

How Long Do You Have to File a Wrongful Death Claim?

The time limit for filing a wrongful death claim, known as the statute of limitations, varies by state. In many cases, it is between one and three years from the date of your loved one’s death. Missing this deadline could mean losing your legal right to pursue compensation.

Because timelines and rules differ across jurisdictions, it’s important to consult with an experienced wrongful death attorney as soon as possible. A lawyer can help you understand your state's specific laws and begin collecting the evidence needed to support your case.

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How Our Law Firm Can Help

Navigating a wrongful death claim can be overwhelming, especially when you're grieving. At Trust Guss Injury Lawyers, we are here to lift that burden and fight for the justice your family deserves. With decades of experience handling wrongful death cases, our team understands the emotional, legal, and financial challenges that follow such a devastating loss.

We provide personalized support and aggressive legal representation for families nationwide. Whether the loss was caused by negligence or an intentional act, we are prepared to investigate your case, gather crucial evidence, and pursue the full compensation you're entitled to.

You don’t have to go through this alone. Call us at (281) 317-0883 or reach out through our online form for a free consultation. We’ll review your case, explain your options, and guide you every step of the way.

Your family’s future matters. Let us help you fight for it.

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