Today we want to share with you 8 reasons you need a lawyer for a wrongful death claim. Wrongful death can occur due to the liable party’s deliberate action, carelessness, or negligence. It’s a common occurrence, affecting hundreds of individuals in the United States annually. For example, approximately 169,936 unintentional deaths occur each year. That’s why they are the third leading death cause in the U.S.
While the loss of your loved one can be a daunting experience, you may be eligible to get compensation. However, wrongful death claims can be complicated, draining you emotionally and financially.
A representation by an experienced attorney can save you the headache involved in pursuing the case because they can use their skills and professional knowledge to fight for your rights. If you have such a case and don’t know where to start, this guide got you covered.
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Here are 8 reasons you need a lawyer for a wrongful death case.
Benefit from Their Expertise and Experience
The United States has more than 135,000 personal injury attorneys. When looking for a lawyer, it’s vital to hire a professional with the required qualifications, certifications, experience, and expertise.
It ensures you work with a reputable attorney who can satisfy your needs. For example, an expert understands how the wrongful death legal processes work. That means they can build a strong claim and guide you through the complicated legal procedures.
You don’t want judges to throw out your case due to technical issues. Remember, every wrongful death case is unique. Lawyers examine the circumstances surrounding the death of your loved one to provide the best available legal options. Different claims may require particular tactics.
An inexperienced person can find it challenging to tackle the responsibility, making them offer an unfair settlement. Fortunately, working with a qualified attorney saves you such troubles because they have handled similar cases before and know how to proceed through every step.
Uncovering the Truth about the Wrongful Death
Sometimes, the situation of your loved one’s wrongful death may be unclear. The responsible individual may not accept liability, and in some cases, they may try to shift the blame on the victim. Such issues can occur in the workplace, hospital, and nursing homes, among other areas. Pursuing the wrongful death claim can be difficult if you do not know the truth.
A wrongful death lawyer can help you to uncover the truth about the incident. If you want to succeed in your claim, having the facts right can build the case to your advantage.
How can an attorney find closure? Lawyers can collaborate with expert investigators to review the incident and collect evidence. Networking with other relevant professionals enables them to uncover the truth and gather evidence.
Avoid Common Pitfalls
Wrongful deaths can involve lengthy processes, and an inexperienced individual can make mistakes during the proceedings, jeopardizing the case. For example, you need to understand your state’s statutes of limitations. You should ensure you don’t miss critical deadlines as required by law.
Having an attorney to communicate with insurance companies ensures you do not make statements the agencies can use to hurt your case. Such mistakes can be critical to your claim’s outcome.
A lawyer for a wrongful death claim understand the pain of losing your relative or family member and can stand by your side, guiding you through the right path. They can ensure you don’t say words that may work against you and handle the paperwork involved to avoid missing vital deadlines.
Dealing with Your Claim’s Financial Aspect
The loss of your friend, relative, or a family member can cause continued emotional distress. Apart from this, the unfortunate incident can lead to unexpected financial strains. The victim’s family has to handle various issues, including funeral and medical bills. If the deceased was the breadwinner, the situation devastates the family, which has to look for ways to cater for monthly expenses.
If the wrongful death occurred due to another person’s recklessness or negligence, the deceased’s family members might demand compensation for lost wages. A lawyer for a wrongful death claim can also help you recover damages, medical expenses, non-economic and economic losses, pain, and suffering.
Local courts can award punitive damages depending on the responsible party’s level of negligence. It aims at deterring the responsible individual from repeating such mistakes in the future.
Having Peace of Mind
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Pursuing a wrongful death claim requires commitment and dedication for a desirable outcome. If you’re going through emotional anguish, handling funeral arrangements, and undertaking other activities can be a devastating experience.
Such issues may prevent you from making proper decisions and following the required legal procedures. Grieving families may not successfully deal with their claims’ processes while trying to come to terms with losing a beloved person.
You do not have to handle all the complicated legal procedures single-handedly. Your family can consult with a wrongful death attorney to offer objective views throughout the process.
A lawyer’s primary aim is to offer diligent service and fight for the client’s rights. While a family can struggle to deal with some legal tasks, a skilled attorney can do it and provide the right guidelines to your benefit.
Having an empathetic person to handle legal processes can give you peace of mind to move on and overcome the traumatic event.
Access to Vital Resources
Building a strong wrongful death claim requires evidence. While it’s a rigorous process, it would be impossible to get compensated without the facts that led to the victim’s death. Attorneys can use a wide range of resources, including collaborating with relevant professionals and gathering witnesses to uncover the truth.
During this challenging period, you also need someone to offer support. Lawyers can be supportive throughout all the claim’s stages, relieving you of the court case burden. You can take the opportunity to begin your healing process without stressing over legal processes.
Going to Trial
Not all claims proceed to trial. Many cases may settle before starting the litigation process. For example, if the liable party accepts mistakes and offers reasonable compensation, you may not need to file a lawsuit.
However, other individuals may offer far less compensation than you deserve. While your attorney can do everything to negotiate on your behalf, if the negligent person fails to provide a reasonable settlement, you can decide to proceed to trial. Your lawyer can help you file a lawsuit and represent you for a maximum settlement.
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Save Time and Money
Wrongful death claims can take years and requires a lot of financial input and time. If you’re undertaking other activities and pursuing the case, it can bring your life to a standstill. You don’t have to stop other essential matters to follow the case.
Working with an attorney can make things easy as you wait for a better outcome.
Common Causes of Wrongful Deaths
Many situations may lead to your loved one’s wrongful death. Here are some ordinary circumstances:
- Dog attacks
- Airplane crashes
- Defective products
- Drowning or boating accidents
- Medical malpractice: you can learn more about medical malpractice.
- Bicycle and pedestrian crashes
- Automobile accidents
- Motor vehicle crashes
- Wrong site surgery
- Slip and falls accidents
- Trucks and semi-truck accidents
- Workplace illnesses and accidents
Eligible Persons for a Wrongful Death Claim Compensation
The law requires close family members of the deceased to receive a fair settlement for the losses and damages suffered due to their loved one’s wrongful death. However, the deceased’s representative may file the case. Here are persons who may get compensated in a wrongful death claim:
- Siblings
- Grandparents
- Parents
- Children
- Spouse
Any other individual whom the deceased left property or money may also get compensation, but sometimes there can be exceptions. That’s why having a reliable and knowledgeable wrongful death lawyer can help to determine such scenarios.
Types of Compensation the Surviving Family Members May Receive
Accurate estimation may not be straightforward because various issues influence the lawsuit’s outcome. One of the primary factors impacting the claim includes the responsible individual’s level of recklessness.
Sometimes, the liable party may not be 100% at fault. For example, this may happen if the deceased contributed to the incident that caused the wrongful death. In such cases, the compensation may be less.
Other factors to consider include financial and emotional hardship the complainant may experience due to the wrongful death. The jury may also factor in the victim’s pain and suffering from getting involved in the incident to the time death occurred.
Other kinds of settlement for the surviving members of the family can include:
- Loss of companionship, protection, and care they enjoyed before the victim’s wrongful death
- Loss of possible earnings in the future, including health insurance and pension
- Lost income from the time of the victim’s accident to their death
- Reasonable expenses related to the wrongful death, including medical and funeral expenses
No one should experience pain and suffering due to another individual’s recklessness and negligence. If your loved one died under such circumstances, you could demand fair compensation from the responsible parties. That is why you need a lawyer for a wrongful death claim. A skilled and experienced wrongful death attorney can help you receive the settlement you deserve. While financial compensation may not restore your loved one’s life, it can solve the most pressing issues like medical and burial expenses.
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