Losing a loved one is an emotionally overwhelming experience, and when that death results from the negligence or wrongful actions of another, it can leave surviving family members not only grieving, but also facing financial hardships. In such cases, a wrongful death lawyer can help you file a claim, which can help hold the responsible party accountable and provide compensation for the financial and emotional toll of the loss.
Initial Consultation With A Wrongful Death Lawyer
The first step in pursuing a wrongful death claim is to consult with an experienced attorney. A wrongful death lawyer will assess the details of your case, explain your legal rights, and help you understand the potential compensation you might be entitled to. At this stage, a lawyer will also clarify your eligibility to file the lawsuit. Usually the surviving spouse, children, parents, or others who were financially dependent on the deceased can file a wrongful death claim.
The lawyer will help evaluate whether negligence or intentional wrongdoing was a factor in the death and guide you on whether pursuing legal action is appropriate for your situation.
Investigating The Case
Once you have secured legal representation, your attorney will begin investigating the circumstances surrounding your loved one’s death. This step involves gathering important evidence such as medical records, police reports, witness statements, and expert testimony to determine the cause of death and identify the responsible party. For example, in cases involving car accidents or medical malpractice, expert witnesses may be consulted to establish how the defendant’s actions led to the fatal incident.
Investigating a wrongful death case thoroughly is crucial to building a strong claim. Your lawyer will carefully examine all available evidence to ensure that the responsible party is held accountable.
Filing The Wrongful Death Lawsuit
If the investigation shows that there is a valid claim, the next step is to file the wrongful death lawsuit. Wrongful death cases are subject to a statute of limitations, which means that the lawsuit must be filed within three years of the person’s death. If you miss this deadline, you could forfeit your right to pursue the claim.
The lawsuit will be filed in the appropriate court, and your attorney will ensure that all necessary documents are submitted so that the legal process can begin.
Negotiation And Settlement
Once the personal injury lawsuit is filed, the responsible party or their insurance company may offer a settlement. In many wrongful death cases, the goal is to resolve the case through negotiation to avoid the time, expense, and emotional strain of a trial. A settlement might include compensation for funeral expenses, medical bills, lost wages, pain and suffering, and loss of companionship.
Your lawyer will work to ensure that the settlement offer is fair and adequately compensates you for both the financial and emotional losses caused by your loved one’s death. If the settlement is insufficient, your lawyer will be prepared to take the case to trial to fight for the compensation you deserve.
Going To Trial
If a fair settlement cannot be reached, the case will move to trial. During a wrongful death trial, both sides present evidence, call witnesses, and make their case to a judge or jury. The trial process can take months or even years, depending on the complexity of the case.
While trials can be challenging and time-consuming, they are sometimes necessary to ensure that justice is served. An experienced wrongful death attorney will represent you in court, advocating on your behalf and working to secure a verdict in your favor.
Receiving Compensation
If the court rules in favor of the surviving family members, the responsible party will be ordered to pay compensation. This amount may cover a wide range of damages, including medical and funeral expenses, lost income, and emotional distress. In some cases, punitive damages may also be awarded if the defendant’s actions were particularly reckless or intentional.
The compensation will be distributed to the surviving family members, with the division of funds determined by the court. It is important to note that wrongful death claims are meant to compensate for both economic losses (such as lost wages and funeral expenses) and non-economic losses (such as pain, suffering, and loss of companionship).
While no amount of money can replace the loss of a loved one, our colleagues at Strong Law Accident & Injury Attorneys say pursuing a wrongful death claim is a way to hold the responsible parties accountable and provide much-needed compensation and closure for their loved ones. For more information specific to the unique circumstances of your case consult a wrongful death lawyer.