The loss of someone dear is so emotionally shattering mainly when their death resulted from another individual’s fault or negligence. Families in this tragic state are left with question marks all over them and also financial instability. This is where a wrongful death lawyer comes in handy. A wrongful death attorney can help you maneuver through the complicated legal processes, get justice for your loved one, and recover compensation that will help your family move on. In this blog we shall look at why it is such a big deal to hire an attorney specialized on wrongful deaths, and how they can be of help during this difficult time.
What is a Wrongful Death Case?
Before discussing why people should call wrongful death lawyers, it’s important that we understand what constitutes a wrongful death case. When somebody dies due to the carelessness, recklessness or deliberate conduct of another person or entity then it amounts to accidental killing. The following are some common examples:
- Medical Malpractice: This occurs when medical personnel negligence leads to the demise of their patient.
- Car Accidents: These happen as a result of reckless driving or negligence by drivers.
- Workplace Accidents: Deaths caused by unsafe working conditions or lack of proper safety precautions.
- Product Liability: Wrongful deaths can occur if there was a manufacturing defect in a product.
- Criminal Acts: Some examples include murder or assault which led to people losing their lives.
- Bicycle Accident
- Motorcycle Accident
- Dog Bite
- Bus Accident
- Truck Accident
In instances where someone has lost his life wrongfully then his dependents have rights to file cases against those responsible claiming redemptions for these loses. However, filing such actions isn’t always easy thus making the services offered by wrongful death attorneys very important.
Reasons Why You Should Hire A Wrongful Death Lawyer
Having a wrongful death lawyer at your side may change everything concerning your case outcome significantly therefore; here are some key reasons why you need an experienced attorney:
Expertise in Wrongful Death Law
Wrongful death law is a specific field of personal injury law that encompasses intricate legal procedures and statutes. A wrongful death lawyer is knowledgeable in handling such cases. They know the ins and outs of the law, for instance, they are acquainted with statute of limitations which regulates the time period you should lodge your case within. By hiring an attorney who specializes in wrongful death lawsuits, you can rest assured knowing that your matter will be handled professionally with utmost competence.
Full Case Review
One must determine if he or she has a valid claim at all before filing a wrongful death lawsuit. If you hire an attorney, he/she will assess the entire situation surrounding your case by taking into account all possible considerations related to it. This person shall find out about how exactly your loved one died and establish any responsible party/parties as well as damages you might be entitled to obtain. This review is very important when building your case so as to maximize chances of success.
Getting Through Legal Proceedings
The process of seeking justice for the death of someone through unlawful actions is too much for anyone to handle especially if it involves his or her loved one dying. There are many legal forms to fill, deadlines to be followed and court processes to go through. A wrongful death lawyer can do all this on your behalf so that you can go forward in your case within the law without any difficulties. Moreover, they will give you updates regarding its status and simplify legal jargon.
Proving Fault and Negligence
Among the most difficult parts of a wrongful death case is establishing that the defendant’s negligence or wrongful act was directly responsible for your beloved’s death. This would necessitate an examination as well as collection of data including medical records, witnesses’ statements, expert opinions and accident reports. A wrongful death attorney has all the necessary resources as well as knowledge that could result in an extensive study hence proving fault beyond reasonable doubt.
Computing Damages
In a wrongful death suit, surviving family members can recover damages under various heads including:
- Funeral Expenses: The costs associated with laying a deceased person to rest.
- Medical Costs: Any bills incurred due to hospitalization before the demise of their loved one.
- Lost Earnings: The support lost that would have been provided by the departed relative if alive.
- Loss of Consortium: This refers to the emotional turbulence that you will experience after losing your best friend.
- Exemplary Damages: For gross misconduct or maliciousness on the part of the wrongdoer punitive damages may be awarded.
Determining these costs entails comprehensively understanding both legal and financial dimensions of such scenarios thus resulting in a fair value estimation by a competent attorney handling such cases. A good lawyer dealing with wrongful death issues can make effective calculations on how much compensation is payable.
Venues for Bargaining with Insurance Companies
Insurance companies play significant roles in unintentional death cases because they are required to pay claims arising from the wrongdoings of their clients. However, with this in mind, insurance firms majorly focus on their profit margins and may opt to reduce or even refuse your claim. Through such an attorney, you will be able to talk with these companies so that your rights are not violated and you also get what is due to you. Should there be a deadlock between the parties during negotiations your advocate for justice can now take it up as a court case being presented before the relevant authority.
Psychological Aid and Direction
This unbearable feeling of having lost a loved one is unthinkable and if it coincides with a wrongful death case; it tends to increase stress levels. A sympathetic wrongful death lawyer is aware of emotional strains that you are going through and can offer support during this trying moment for you. They will take care of the legal part thus allowing you some time to recover, restore your relationship among members while nursing heartbreaks as well as moving on in life together.
Compensation Maximization
The ultimate goal of filing a wrongful death claim is to get compensation for the emotional and financial suffering that your family has experienced. In the absence of legal representation, you may not realize the full extent of damages you are owed and might end up settling for way less than what your case is worth. A wrongful death attorney will work on maximizing your compensation by carrying out an in-depth investigation of your matter, calculating damages as well as advocating on your behalf. The attorney will ensure that justice is served and you receive the financial help required for you to proceed with life.
Conclusion: The Significance of Engaging a Wrongful Death Lawyer
When somebody else is responsible for the death of your dear person due to their negligence, it does not only make you feel pained, but also creates a feeling of being wronged. The first thing to do is to hire a wrongful death lawyer who will help in ensuring that those responsible are held accountable for their actions and as well they will assist in getting compensation that would support rebuilding of the lives of the family. From guiding you through every step of the legal process, establishing responsibility and ensuring that your damages are maximized, an attorney will be with you.
In case someone’s carelessness caused the death of your loved one, don’t fail to get guidance from a legal adviser. Since this time seems unbearable; however, wrongful death attorneys can give assistance required for making sure justice prevails while bringing closure to this issue.
FAQs
What is the statute of limitations for filing a wrongful death lawsuit?
The time within which one can file a wrongful death suit differs from one jurisdiction to another, but it usually ranges between 1-3 years from the date of demise. It’s therefore important to consult with a well –trained professional regarding this issue so that you don’t lose an opportunity to file such claims.
Who can file a wrongful death lawsuit?
In most states, members who are immediate including spouses, children or parents have a right to sue for wrongful death. Other states still give room for more relatives like cousins or even grand uncles among others. Therefore based on where they come from, one should consult his/her advocate accordingly.
How long does it take to resolve a wrongful death case?
The length of time it takes to conclude these cases varies depending on several factors such as complexity involved in handling them, willingness by parties involved to settle outside courts and court schedules among others.There are some cases that have been winding up within weeks while others have taken close to three years before winding up.
Can I afford to hire a wrongful death lawyer?
Most often counselors handling such suits charge their clients only upon winning; this system is commonly referred to as contingency fee basis.A percentage normally determines how much they should be paid thereafter.It’s a method that saves the victims a lot in terms of upfront costs.
What types of damages can I recover in a wrongful death lawsuit?
The possible compensation package in case of wrongful death may vary from medical bills, funeral expenses, lost income, consortium loss as well as punitive damages. It is important that an attorney conversant with such matters is sought to lend guidance on the kind of damages which apply to your situation.
Do I need to go to court to resolve a wrongful death case?
Not all cases that involve negligence end up in court.There have been instances whereby parties negotiate for settlement and this has worked out for them.But if there is need for justice, then the attorney might advise his/her client otherwise.
Can a wrongful death case be filed if the death was caused by a criminal act?
A civil suit against someone who kills another person negligently or intentionally regardless of any criminal charges is not only permissible but it is also possible even before or after a criminal trial has taken place.