A wrongful death lawyer is a legal professional who handles sensitive matters related to the sudden loss of someone close. Although a lawsuit cannot bring back your loved one, it can provide compensation to help you cope with the financial burdens of final medical costs, funeral expenses, lost income and more. Our attorneys work hard to give families a voice in court.
Depending on the circumstances surrounding your family member’s untimely death, a lawsuit may be filed against a person or company responsible for their actions. However, these types of cases are complicated and require a thorough investigation to determine the cause of your loved one’s untimely passing. This is why it’s important to choose a team of legal professionals that care about delivering the best possible outcome for your family’s tragic situation.
Wrongful death claims are civil, and as such, they have a different standard of proof than criminal cases. The plaintiff must prove that the defendant breached their duty of care to your loved one by failing to act with a reasonable level of skill and care that would be expected from a person in a similar position, such as a doctor or an accountant.
To prove this, your wrongful death lawyer will review all available evidence including medical records, police and accident reports, witness testimonies, expert testimonies, and financial documents. They will use this information to build a strong case that establishes liability and demonstrates your loved one’s death was caused by the defendant’s negligence or wrongdoing.
Once your wrongful death attorney has established liability, they will calculate the damages owed to your family. These types of damages are known as monetary compensation and can be awarded for medical expenses, funeral costs, loss of companionship, loss of employment benefits and more. They will also take into account any pain and suffering that your loved one experienced before their death. This includes pre-impact terror and the fear of impending doom.
A skilled wrongful death attorney will know how to negotiate with insurance companies to obtain a fair settlement for your family’s losses. In most instances, a wrongful death case is resolved through out-of-court settlements. However, if an agreement can’t be reached, your wrongful death lawyer will fight to present your case in front of a judge and jury to get you the compensation you deserve.
The amount of compensation you receive will depend on a number of factors, including the type and cause of your loved one’s death, who was named as a beneficiary in their will or estate, and whether they were a minor, a person with a disability, or an adult whose spouse or parent died. It is also vital to choose an attorney who has experience with the type of accident or incident that led to your loved one’s death.
Most wrongful death claims must be filed within a certain time frame, called the statute of limitations. This deadline varies by state and can vary even further depending on the type of injury and death involved.