When the failure of a person, group, or some other entity to do what would be expected under the same or similar circumstances results in a fatality, that is considered a wrongful death. Although a case may seem obvious, a wrong death lawsuit involves many complex issues.
After a wrongful death, it will be necessary to carefully examine the facts of the incident to determine whether the case is valid. The attorney handling the case should be experienced in both the law and have a proper understanding of the specific issues surrounding the death. A product liability attorney should have experience in cases where a certain mechanical, recreational, or food item caused a death. Cases of medical malpractice resulting in death are best handled by attorneys with experience in that area. Other important issues include the statute of limitations, which limits the time that a wrongful death lawsuit can be filed.
Damages may be sought to cover economic damages, such as funeral expenses, and possibly to compensate for losses that are not economic in nature. However, a death lawsuit will require the involvement of an attorney to ensure that the compensation is adequate.
It’s deeply sad that many people wrongfully lose their lives each year because of negligence. In 2015, distracted driving was the cause of almost 3,500 deaths and an estimated 28 people die every year because they were in a car crash that involved an alcohol-impaired driver. These wrongful deaths don’t even begin to cover the lives lost because of medical malpractice or airplane or construction accidents. If you’ve lost a loved one and believe that they passed due to the carelessness of another person or entity, you may want to start seeking out a wrongful death lawyer. A wrongful death lawyer can help bring justice to your family and help you recover damages for your loss. Let’s talk about when you might need to seek out wrongful death attorneys, what falls under the term “wrongful death” and how you can find a good wrongful death lawyer.
Breaking Down “Wrongful Death”
A wrongful death claim can be filed if someone dies because of carelessness, or if there was misconduct from another party (such as murder). Why wouldn’t the family simple file a murder charge, you may ask? Generally, this civil action occurs after charges are dropped or criminal action hasn’t worked.
Only a personal representative from the deceased person’s estate can file the claim and they must follow the laws that their state dictates for doing so. Each state’s laws differ. Financial and punitive charges may be levied against the individual or entity at fault if the case is found to have indeed been one of wrongful death. In such a case, having a wrongful death lawyer at your side is certainly to your advantage.
When Is Getting a Wrongful Death Attorney Advantageous?
The answer is: always! This process can be complicated and it’s likely that the individual or other party might be more resistant to reaching a settlement without the presence of a lawyer. Your lawyer will work to ensure that a careful investigation is conducted, evidence is gathered, and that the necessary experts are available and ready to get you the compensation you deserve.
In this way, you can focus on your home and family, begin the hard work of healing and grieving, and not have to worry as much about the case, knowing that your attorney is taking care of it. It can relieve a significant amount of stress on your shoulders. Furthermore, your lawyer is going to be a tremendous advocate for your case and be well versed in the laws that surround it. He or she may be able to reach a larger settlement or have harsher punitive charges brought up than you would have been able to muster alone.
A wrongful death attorney can offer experience, compassionate advice on your case, as well as aggressive measures to make sure that justice is served. Of course, no amount of money can ever bring back your loved one, but knowing that financial worries or burdens placed on your family can be alleviated can make a huge difference.
How Can I Find a Great Wrongful Death Attorney?
If your family already has an attorney, he or she may be able to refer you to a personal injury attorney or wrongful death attorney, who specializes in these types of cases. A personal referral is always the way to go, if you can get one.
Otherwise, the Internet can yield a number of results. You should always meet them in person before deciding on an attorney and see how you would feel working with them. An initial consultation — which is often free — is a great place to do this. You can get a feel for how they treat each client — you should feel prioritized and like your case is important — check and see if there are reviews or testimonials about their service available online as well.
Don’t delay if you feel that your loved one passed away as a result of wrongful death. Fight for the justice they deserve with the help of an experienced wrongful death lawyer.
