Wrongful death attorneys are experienced in assisting the victims of fatal accidents and other negligent acts. They help their clients understand what to expect from the legal process, and they can guide them through every stage of a lawsuit.
The rules governing wrongful death claims vary from state to state. Usually, immediate family members–spouses and children (including stepchildren)–are eligible to file such suits. But distant relatives may also be allowed to sue in some cases.
If a loved one dies due to another person or company’s negligence, their family may be eligible for compensation. Typically, wrongful death claims cover the loss of the victim’s income, medical expenses, and other costs.
A wrongful death lawyer will investigate the circumstances surrounding your loved one’s death to figure out who was responsible and advise you of your legal rights. This includes collecting and preserving evidence, examining accident scenes, speaking to witnesses, and reviewing police reports.
The investigation is crucial to building a successful case and proving that the negligent party should be held liable for your losses. It can also help you to determine the amount of money you’re entitled to receive for your damages.
They Determine Liability
If your loved one was killed due to someone else’s negligence, a wrongful death lawyer can determine liability. They can review the circumstances surrounding your family member’s death and enlist the help of experts to determine who caused your family member’s death.
They can also examine the medical records of your family member to determine if they died as a result of a physician’s negligence. For example, if a doctor made an inaccurate diagnosis or prescribed a medication that was contraindicated for your relative’s condition, that could lead to a wrongful death claim.
Wrongful death claims are based on the same tort law grounds as other personal injury lawsuits. Compensation in a wrongful death case is typically aimed at alleviating the financial and emotional burdens associated with the loss of your loved one.
They Advise the Family
Wrongful death cases can be challenging to deal with and may involve a lot of uncertainty. An experienced wrongful death lawyer can help you understand your legal options and guide you through the process.
A wrongful death lawsuit allows families to hold an at-fault party responsible for the loss of their loved one. Survivors can pursue compensation for lost wages, pain and suffering, medical bills, funeral costs, and more.
The amount of damages that a family can recover in a wrongful death case depends on the state in which the accident occurred, as well as the specific facts and circumstances of the case. In most states, a plaintiff must prove that they have suffered actual damages in order to recover any money awarded.
Fortunately, most wrongful death lawsuits are settled outside of court. However, if the defendant refuses to settle or is very vigorously defending their position, the case can go to trial. This gives the judge and jury the opportunity to award damages based on the evidence presented in the lawsuit.
They File a Lawsuit
Wrongful death lawsuits are a way for families to seek compensation after their loved one’s death. These lawsuits can help to ease the financial burdens of surviving family members, and they can also allow them to focus on their emotional needs during this difficult time.
An experienced wrongful death lawyer can investigate the facts of your case to determine who is responsible for your loved one’s fatal accident. They can also help you figure out how much compensation you might be eligible to receive in your case.
State statutes vary regarding the types of damages a plaintiff can recover in a wrongful death case. Some of these statutes specify specific types of damages that can be recovered, such as lost future income or medical expenses.
Other states address damages more broadly, listing both economic and noneconomic losses that may be awarded in a wrongful death lawsuit. These awards can cover funeral and burial expenses, pain and suffering, loss of companionship, and more.