The sudden and unexpected loss of a loved one is an unimaginable tragedy. When that loss is due to the wrongful actions of another, the grief is often compounded by a profound sense of injustice.
Jakeem Williams’s passing, as reflected in his obituary, sharply focuses this reality on his family and community. While an obituary serves as a tribute, it can also, unfortunately, highlight the need for answers and accountability.
At Ben Crump Law, we understand that no legal action can ever truly replace a life lost. However, a wrongful death lawyer can help to reveal a path to justice, offering families the financial security and support needed to navigate a challenging period and rebuild their lives.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim brought against a party whose negligence, recklessness, or intentional act caused another person’s death. It seeks to hold the responsible party accountable for their actions and compensate the surviving family members for their losses. These cases are distinct from criminal proceedings, which focus on punishment; civil lawsuits aim to relieve the victims.
For instance, in the tragic case of Ja’Keem Williams, it has been reported that he was shot and killed by Ralph Hensel. Hensel has since been charged with first-degree murder. While the criminal case addresses the legal consequences for Hensel, a wrongful death lawsuit would allow Ja’Keem Williams’ family to pursue damages for the devastating impact his death has had on their lives.
FIND OUT MORE: How Do You Prove a Wrongful Death?
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Common Causes of Wrongful Death
Wrongful deaths can arise from a variety of circumstances where someone’s negligent actions lead to a fatal outcome. Some of the most common causes include:
- Motor Vehicle Accidents: This is a leading cause of wrongful death claims. Factors like distracted driving, impaired driving, or reckless behavior can lead to fatal collisions.
- Medical Malpractice: Errors by healthcare professionals, such as misdiagnosis, surgical mistakes, or improper treatment, can result in preventable deaths. The National Institutes of Health suggest that around 200,000 deaths every year are caused by preventable medical errors. (Source: https://www.ncbi.nlm.nih.gov/books/NBK499956/)
According to the Centers for Disease Control and Prevention (CDC), unintentional injuries were the third leading cause of death in the United States in 2022, accounting for 222,698 deaths. (Source: https://www.cdc.gov/nchs/fastats/accidental-injury.htm) - Workplace Accidents: Employers have a responsibility to provide a safe working environment. Deaths resulting from unsafe conditions, faulty equipment, or inadequate training can lead to wrongful death claims.
- Defective Products: When a product is designed or manufactured defectively and causes a death, the manufacturer can be held liable.
- Premises Liability: Property owners must maintain a safe environment for visitors. If a dangerous condition on their property leads to a fatal accident, they may be held responsible.
The Impact of a Wrongful Death
The loss of a loved one due to wrongful death creates profound emotional and financial burdens for families.
- Emotional Toll: The grief is often intensified by feelings of anger and betrayal, knowing that the death could have been prevented. Families may experience long-term emotional distress, requiring significant support to cope.
- Financial Strain: The unexpected loss of a family member, especially a primary income earner, can lead to severe financial instability. Families may face:
- Funeral and burial expenses which can be substantial.
- Medical bills incurred before the loved one’s passing.
- Loss of the deceased’s future income and benefits.
- Loss of companionship, guidance, and household services.
As stated by the National Institute on Aging, “Grief can be hard on your health. Exercise regularly, eat healthy food, and try to get enough sleep.” (Source: https://www.nia.nih.gov/health/grief-and-mourning/coping-grief-and-loss)
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How a Wrongful Death Lawsuit Can Help
While no amount of money can bring back a loved one, a wrongful death lawsuit can provide crucial support by addressing the financial and emotional fallout. It can help families:
- Cover Economic Damages: This includes concrete financial losses like medical expenses, funeral costs, and the estimated loss of future earnings and benefits.
- Address Non-Economic Damages: These are harder to quantify but are equally vital. They include compensation for pain and suffering experienced by the deceased before their death, and the surviving family’s loss of companionship, comfort, guidance, and emotional support.
- Seek Punitive Damages: In cases of extreme negligence or intentional wrongdoing, punitive damages may be awarded. These are not meant to compensate the family but to punish the at-fault party and deter similar conduct in the future.
- Gain a Sense of Justice: For many families, pursuing a lawsuit is about more than just money; it’s about holding the responsible party accountable and preventing similar tragedies from happening to others.
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Understanding the Legal Process
Navigating a wrongful death lawsuit can be complex, and laws vary significantly from state to state. Key aspects often include:
- Statute of Limitations: A wrongful death lawsuit must be filed within a limited timeframe, which varies by state. Therefore, it’s crucial to act quickly.
- Who Can File: State laws define who can bring a wrongful death claim. This typically includes the personal representative of the deceased’s estate, surviving spouses, children, and parents.
- Proving Negligence: To succeed, it must be proven that the at-fault party owed a duty of care, breached that duty, and this breach directly caused the death.
According to a Bureau of Justice Statistics report on civil bench and jury trials, plaintiffs won in about 53% of jury trials. For wrongful death, plaintiffs won 36% of cases that went to trial. However, the type of case greatly affected the outcome: While plaintiffs won 25% of wrongful death cases involving medical malpractice, they won about half of cases involving automobile accidents, premises liability, and product liability.
Seeking Legal Guidance
The process of filing a wrongful death lawsuit can be overwhelming, especially while grieving. This is where experienced legal counsel becomes invaluable. A qualified attorney can:
- Investigate the circumstances of the death thoroughly.
- Gather and preserve crucial evidence.
- Identify all responsible parties.
- Navigate complex legal procedures and deadlines.
- Negotiate with insurance companies and defense attorneys.
- Represent your family in court if a fair settlement cannot be reached.
Every case is different, so settlements can vary based on what happened and how everyone agrees to settle it.
The value of a wrongful death claim can vary greatly, depending on numerous factors such as the deceased’s age, income, the circumstances of the death, and the financial and emotional losses suffered by the surviving family.
At Ben Crump Law, we are dedicated to helping families who have lost loved ones due to another’s negligence. We stand ready to fight for the justice and compensation you deserve, allowing you to focus on healing.
Resources for Grieving Families
Beyond legal support, many organizations offer invaluable resources for those coping with sudden loss:
- The Compassionate Friends: An organization supporting families after the death of a child. (Source: https://www.compassionatefriends.org/)
- National Alliance for Children’s Grief (NACG): Connects grieving families with local grief support groups and age-appropriate resources for children. (Source: https://childrengrieve.org/)
- Hospice Foundation of America: Provides information and support on grief and bereavement. (Source: https://hospicefoundation.org/)
- National Institute on Aging (NIA): Offers guidance on coping with grief and loss. (Source: https://www.nia.nih.gov/health/grief-and-mourning/coping-grief-and-loss)
Losing a loved one is profoundly challenging.
When that loss stems from wrongful acts, seeking legal recourse can be critical to healing and securing your family’s future. If navigating such a tragedy, please consider contacting a consultation to understand your rights and options.
Contact Ben Crump Law today by calling 800-683-5111.
About Ben Crump Law
Renowned civil rights attorney Ben Crump founded Ben Crump Law PLLC, believing justice equals respect. His firm is devoted to advocating for the voiceless of our society whenever or whatever kind of harm may have befallen them. From personal injury, labor & employment matters, the class action lawsuit and many other types (click to view all practice areas), our attorneys are dedicated to holding the powerful accountable for their actions.
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