An emotionally devastating experience can occur when a cherished loved one is lost due to another’s negligence or wrongdoing. In this type of situation, some families pursue justice by filing a wrongful death claim.
Yet seeking such justice can be an incredibly complex and daunting endeavor. This is why many people, either for themselves or in the memory of their lost loved one, enlist the services of a wrongful death attorney.
What is a Wrongful Death Claim?
When a legal action is taken by the surviving family members of an individual who has died and whose death was caused by the wrongful act, negligence, or misconduct of another party, this is a claim for wrongful death. Such claims most often come as a result of:
- Automobile accidents
- Medical malpractice
- Workplace accidents
- Dangerous or defective products
- Criminal activity
When the family members succeed in their claim, the court usually awards them monetary damages intended to cover the deceased’s medical expenses, the costs of the funeral, and the loss of the deceased’s income.
In addition to these items, the court also tries to assess the amount of pain and suffering damages that would equal compensation for the emotional distress the family members are enduring because of the death of their loved one.
The Role of a Wrongful Death Attorney
A wrongful death attorney represents family members of loved ones who have died due to the negligence of other parties. This form of legal representation focuses on untimely deaths and the families those deaths leave behind.
While no form of compensation can ever make a family whole again after such a tragic loss, a wrongful death attorney can help by seeing to it that those responsible for the death are held accountable. Their expertise ensures that the legal process is handled efficiently and effectively.
Assessing the Validity of the Claim
Evaluating the case sets the attorney on a path toward determining whether it meets the legal criteria for a wrongful death claim. This involves examining the death’s circumstances, collecting evidence, and ascertaining liability.
The better job the attorney does at these pre-filing activities, the stronger and more credible the case will be when it is eventually filed.
Representing Clients in Negotiations and Court (if Necessary)
Payouts from insurance companies are often minimized, and sometimes claims are denied altogether. A lawyer who specializes in this type of case and knows the ins and outs of negotiating with insurance companies is invaluable.
However, the case may go to trial if a fair settlement cannot be reached through negotiation. A skilled attorney will represent the family in that court, where they will have the opportunity to explain to a judge and jury what happened to their loved one.
Don’t Make the Wrong Decision When Choosing a Wrongful Death Attorney
Losing a loved one is an extremely hard-to-bear event, and chasing a wrongful death claim can sometimes feel like an uphill battle. An attorney who specializes in wrongful death provides a path through the legal forest, ensures that the grieving family gets justice and the reimbursement they are entitled to. They let the family concentrate on grieving while they take on the negligent party and their insurance company.
