When a defendant negligently or intentionally causes someone’s death, wrongful death claims are made against that defendant. Claims for wrongful death give the estate or family members of the departed the opportunity to initiate a lawsuit and claim against the person or entity responsible for the death.
Although laws regarding wrongful death differ from state to state, these cases are typically brought by a representative of the decedent’s estate, frequently on behalf of surviving family members who were negatively impacted by the death.
Numerous actions by a wrongful death attorney help grieving family members. They can look into the events leading up to your loved one’s death, determine who was at fault, inform you of your constitutional rights, and perhaps file a lawsuit on your behalf to seek damages for the losses brought on by your loved one’s demise.
How Can a Personal Injury Lawyer Handle Death Claims?
A skilled and professional wrongful death attorney can assist you in pursuing financial compensation when you lose a beloved family member due to someone else’s carelessness or wrongdoing. Laws regulating civil court actions vary from state to state, particularly concerning wrongful deaths.
Family members may file a lawsuit when someone passes away due to someone else’s carelessness or omission. Financial losses directly result from this type of death for the person and their family. The legislation permits a claim to be made within two years following the loved one’s passing.
An experienced and skilled wrongful death attorney can help the relatives navigate the complex details of the matter and how to file a lawsuit based on their unique circumstances. Therefore, any attorney can help with the following things.
Investigating the Death
In wrongful death trials, the facts are frequently hazy. There can be various reports of what transpired. That could occur as a result of real misunderstandings or bewilderment. However, it might also happen when a responsible person or entity tries to hide the truth or assign blame to avoid taking responsibility. A wrongful death lawyer can investigate to discover the truth.
An illustration would be the 33,654 fatal motor vehicle incidents recorded by the National Highway Traffic Safety Administration (NHTSA) in 2018. A lawyer might examine the police record, testimonies from witnesses, and the testimonies of anybody who was in the car with your relative when the incident occurred if your loved one was killed in a car accident.
An attorney may learn that the crash, or the seconds just before or after it, was captured on video by an adjacent security system. A video may offer important proof that the other motorist broke the law or drove carelessly. When developing a wrongful death lawsuit, that information could be helpful.
If a member of your family passed away as a result of a medical error, this is another typical type of wrongful death lawsuit. According to research from Johns Hopkins University, medical mistakes cause one in ten fatalities. To ascertain whether the doctor who treated your relative adhered to the standard of care, a lawyer can examine medical records and seek the advice of one or more specialists.
Suppose the inquiry uncovers that the doctor misdiagnosed your family member’s ailment, administered a medication to which your relative was allergic or was contraindicated, or ruined the procedure. The team may use such information to support a lawsuit against the hospital where your relative received care. That could make it easier for the defense side to prove the doctor’s misconduct.
Helping You Understand Legal Rights
State rules on wrongful death cases differ from one another. While some jurisdictions only let direct family members file wrongful death lawsuits, others permit non-family people and distant cousins to do so under certain conditions. So, you might be unable to file a claim for damages depending on your location.
In other states, only the deceased individual’s estate may bring a wrongful death lawsuit; family members are not permitted to do so at all. The representative gives qualified relatives the money if they receive a financial reward.
Additionally, the statute of limitations varies between states. Applicants have this amount of time to launch a case. The time frame can be a year or longer, depending on where you reside. Even if you have a valid claim, you risk losing your right to sue if you miss the time for filing a case.
The court can legally extend the statute of limitations in specific situations. What you need to know can be explained by a wrongful death attorney versed with the laws in your state.
Rightful Financial Compensation
A wrongful death attorney may seek compensation for both financial and non-financial losses. Economic damages may include funeral and burial costs, medical expenditures incurred prior to the death of your family member, and the loss of income that individual would have generated had they survived. Quantifying non-economic harms is more challenging, and they might include:
- The pain your relatives suffered during the accident;
- The absence of the relative’s love, support, company, and compassion for survivors;
- The unlawful death and its impact on the victim’s emotions.
In rare cases, you might potentially file a claim for punitive damages. These extra damages serve as a deterrent to others to refrain from similar conduct and punish a responsible party for exceptionally severe activity.
An attorney with expertise in managing wrongful death claims may review all the pertinent information and establish an appropriate level of compensation for your circumstances. The lawyer has the option to file a lawsuit and make an out-of-court settlement agreement.
Although many civil lawsuits are settled, this is not always the case. If that occurs, a lawyer may file a lawsuit and have a jury determine if the relatives deserve compensation and how much they should receive.
When Can You File a Wrongful Death Claim?
The plaintiff would have a viable case when the victim was not at fault. Therefore, it will be evident from the evidence that a third party, not the victim, was negligent.
Medical errors and automobile accidents are the two most frequent causes of wrongful death. Considerable examples of negligence are driving while intoxicated or a doctor providing the incorrect course of therapy. Additionally, your wrongful death lawyer will be able to develop a strong case.
It seems to sense that dealing with litigation can be challenging while you’re grieving. However, even straightforward instances with a direct line of evidence can be challenging to establish when the lawsuit is brought in late. This is because there will be reasonable suspicion on both the side of the jury and the court regarding the plaintiffs. However, a knowledgeable wrongful death lawyer will guarantee that the legal procedure is straightforward.
Most regions offer a time period of one to two years for filing such a case. However, this duration varies from one state to the next. So, your lawyer can further inform you about the statute of limitations in such cases.
The plaintiffs in a wrongful death lawsuit, who the deceased client’s estate often represents, must satisfy the same burden of evidence that the victim would have needed to satisfy had the victim been alive to find the accused accountable.
Using negligence, as an illustration, proving negligence requires establishing that the defendant owed the victim a duty of reasonable care, that they broke this duty, that the violation was a direct and immediate cause of the death, and that the death resulted in the losses the plaintiff is attempting to collect. You may learn more about demonstrating negligence in a personal injury lawsuit from an attorney.
Why Should You Contact Wrongful Death Attorneys?
A wrongful death attorney will handle all the legal complexities. The attorneys will deal with the insurance companies in addition to the parties that are at fault. Wrongful death attorneys may make an otherwise difficult situation easier. They’ll also be able to help you negotiate a fair settlement after assessing all of your losses.
Certain proofs are necessary to make a compelling argument. This might come in the form of evidence from witnesses, such as witness statements, medical tests, samples, and other information. The attorneys can find out the truth about the occurrence by gathering enough evidence to determine who is responsible. The lawyer can gather evidence that can help you win the lawsuit.
The best wrongful death attorneys can help you understand the situation and even navigate the legal world to get your rightful compensation. The wrongful death attorneys at Kendall Law Firm can help you assess the circumstances and present your case without issues.
A few of the firm’s attorneys have assisted clients from all around the country through some of their most challenging moments. They have fought for grieving families to secure monetary settlements that will enable them to go on.
Attorneys specializing in wrongful death cases can look into the circumstances surrounding the death of your relative, inform you of your legal options, and file a wrongful death lawsuit on your behalf and on behalf of any other family members impacted. Such knowledgeable attorneys take all necessary steps to pursue a claim, just like a wrongful death attorney would. So, a wrongful death attorney is your best bet for such cases.
