If you have recently lost a loved one due to negligence or wrongdoing by another party, you may be eligible to file a wrongful death lawsuit.
However, it’s crucial to work with the right wrongful death lawyer to help give you the best chance of success.
As anyone who has filed a wrongful death claim can attest, these cases are extremely complex and emotional.
This is precisely why you need to find an attorney who has extensive experience handling wrongful death cases and fighting for maximum compensation on behalf of grieving clients.
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What to Look For in a Wrongful Death Lawyer
There are several important factors to consider when searching for a wrongful death lawyer to take on your case. Experience and track record should be at the top of your list.
Look for an attorney who can demonstrate a proven history of successfully litigating wrongful death cases.
They should have handled numerous matters related to car accidents, medical malpractice, product liability, and other scenarios that can result in wrongful death.
Ask potential lawyers about their win rate and average settlement amounts. You want someone who knows how to build a strong case and negotiate maximum financial damages.
Another crucial consideration is their investigative skills. A talented wrongful death lawyer will thoroughly investigate the circumstances surrounding your loved one’s death to build the strongest possible case.
This often involves reconstructing accidents, reviewing medical records, hiring expert witnesses, conducting depositions, and more.
Make sure the attorney you choose has a reputation for leaving no stone unturned during the evidence collection process.
Additionally, it’s important to find a wrongful death lawyer you feel comfortable working with during this difficult time. Ask about their communication approach and availability.
You want an attorney who will keep you updated regularly on case developments and address any questions or concerns compassionately.
Personal referrals from other clients can give you valuable insights into a lawyer’s client service abilities as well.
Filing a Wrongful Death Lawsuit
If your initial consultations with potential wrongful death lawyers lead you to believe you have a viable claim, the attorney will then guide you through the lawsuit filing process.
First, they will conduct an extensive investigation to gather all relevant evidence and documentation about the death.
This includes medical records, police reports, eyewitness statements, photos, expert analyses, and anything else that could support the lawsuit’s allegations.
With this evidence in hand, the attorney will then file a formal wrongful death complaint with the court.
The complaint will name the liable parties as defendants and detail the specific legal claims being brought against them, such as negligence, product defects, medical malpractice, etc.
It will provide factual accounts of how the defendant’s wrongful actions directly led to the decedent’s death.
Monetary damages are typically requested to compensate for things like the decedent’s lost wages, medical bills, pain and suffering, and the plaintiffs’ loss of companionship.
The goal at this stage is to establish the legal basis of the case to move towards resolving it through settlement or trial.
From here, the wrongful death lawsuit enters the pre-trial phase where both sides will engage in discovery.
Your lawyer will depose witnesses, request documents, and obtain expert testimony to strengthen the negligence allegations.
Meanwhile, the defense will work aggressively to build counter-arguments and poke holes in the plaintiffs’ claims.
Status conferences, mediation sessions, and settlement negotiations may occur as an attempt to resolve the matter without going to full trial.
If no agreement can be reached, the case will advance to a trial where both sides present evidence and testimony before a judge or jury.
The plaintiff’s lawyer handles all aspects of case preparation and in-court advocacy to convince the fact-finder that the defendant is legally culpable for causing the decedent’s wrongful death.
If successful, a monetary judgment or structured settlement will be awarded to compensate the surviving family members. However, there is always risk involved and some wrongful death cases are ultimately lost at trial.
Potential Sources of Compensation
When pursuing financial compensation through a wrongful death lawsuit and working with a talented wrongful death lawyer, surviving family members may be entitled to various types of damages depending on the cause of death and jurisdiction.
Compensable sources often include things like lost financial support, loss of companionship and guidance, loss of inheritance, medical/funeral expenses, and more.
Some of the most common damage categories available in wrongful death cases stemming from negligent or intentional wrongful acts include:
- Economic damages – Covers quantifiable financial losses like lost income, medical bills, and funeral costs that the decedent would have provided over their lifetime.
- Non-economic damages – Compensates for the intrinsic, non-monetary value of things like companionship, guidance, and affection that can never be replaced.
- Punitive damages – awarded in cases of especially egregious misconduct meant to punish the defendant and deter similar reckless behavior in the future.
Through a careful investigation and the help of a dedicated wrongful death lawyer, these potential sources of compensation can be pursued to obtain the maximum financial recovery possible for grieving loved ones.
Working With an Experienced Wrongful Death Attorney
Dealing with the legal aftermath and fallout from losing someone due to the wrongful actions of others is an incredibly difficult process both emotionally and practically.
That’s precisely why retaining a wrongful death lawyer with a proven track record of success is so important.
An attorney well-versed in wrongful death litigation can guide clients through every step, protect their rights, gather strong evidence, and fight aggressively to obtain the compensation deserve.
They can help surviving family members find some degree of resolution, justice, and closure during this challenging time.
If you have recently suffered the tragedy of losing a loved one under suspicious or negligent circumstances, don’t hesitate to consult with a wrongful death lawyer right away.
Most will offer a free initial consultation to discuss the specifics of the death and evaluate your potential claim’s merits.
With their expertise and advocacy, you can take active steps towards coping with your grief while holding negligent parties fully accountable for their wrongful acts through the legal system.
If you would like a referral to an experienced wrongful death lawyer practicing in your state, please don’t hesitate to reach out.
I am unable to directly represent clients but can point you towards attorneys who have extensive experience handling similar wrongful death matters and fighting for grieving families.
Their focus will be on obtaining the maximum financial recovery for your loss while handling the emotional turmoil of the process.
