Losing a loved one is an unimaginable tragedy. It’s a combination of deep sadness, confusion, and anger.
This is especially true if the tragic event was due to someone else’s negligence or reckless behavior. In that case, the emotional turmoil is compounded by the need for justice.
This is where wrongful death lawyers step in. They can offer you a glimmer of hope amidst the darkness of grief.
These attorneys handle civil lawsuits for families who have lost a loved one in an accident caused by someone else’s carelessness.
The lawyer can act as a guiding beacon and walk you through all the legal proceedings and terminology. At this point, you may wonder, what is the role of a wrongful death lawyer? If that’s the case, I can help.
In this article, I’ll walk you through everything you need to know about the attorneys. I’ll cover their responsibilities and what makes them so important.
Wrongful Death Lawyer Overview
As you can tell by the name, a wrongful death lawyer is an individual who specializes in representing families who have suffered the loss of a loved one due to the wrongful actions of another party.
Their main goal is to bring justice and closure to the bereaved family. They can do that by pursuing legal action against those responsible for the untimely death.
Wrongful death lawyers act as a bridge between grieving families and the legal system. The attorneys understand the complex legal aspects of the case and can equip you with the knowledge and experience you need to navigate these legal proceedings.
Here are some of the common cases that wrongful death lawyers can navigate:
- Medical malpractice
- Workplace accidents
- Car accidents
- Product liability
- Criminal acts
Although, these lawyers aren’t just experts on the law. They’re also empathetic, compassionate people who can provide a supporting and comforting presence during these tough times.
Eligibility to Seek Justice: Who Can Pursue a Wrongful Death Claim?
When it comes to wrongful death cases, only the family or personal representative of the deceased can pursue legal action.
Typically, the deceased will name a representative in their will. In the absence of a will, the court will assign an agent to act on their behalf.
This personal representative can contact a wrongful death lawyer to file a civil suit.
The primary beneficiaries are usually spouses and children. However, other relatives who were dependent on the deceased can ask for compensation.
Plus, the child of an unmarried person may benefit from the claim. Yet, they’ll need to prove that the deceased was contributing to their support prior to their demise.
The Role of a Wrongful Death Lawyer
At this point, you should understand that a wrongful death lawyer can help you file a civil lawsuit. Yet, that doesn’t tell us much about what they do.
So, in this section, I’ll discuss some of their responsibilities and how they can help.
1. Provide Expert Specialized Knowledge
When it comes to legal proceedings, most people will have trouble navigating cases. They have to be familiar with complex terms and legal jargon.
That’s on top of keeping track of court dates and filing paperwork. Fortunately, a wrongful death lawyer can make this process much simpler.
First up, they have extensive knowledge of the intricate procedures and regulations of wrongful death claims. This will prove essential in building strong cases and ensuring the legal process is followed accurately.
Besides that, lawyers will have tons of invaluable experience. Chances are, the attorney has encountered various wrongful death scenarios throughout their career.
That makes them well-equipped to handle even the most complicated situations.
Finally, using their extensive experience, wrongful death lawyers can assess the strength of your case. This means they can provide families with realistic expectations.
Plus, they can guide families on whether pursuing legal action is advisable.
2. Investigate and Gather Evidence
One of the chief responsibilities of a wrongful death lawyer is investigation. They’ll need to work diligently to gather evidence that demonstrates the wrongful act that led to the fatality.
Thankfully, the attorney has a few tools at their disposal to make this simpler. For example, they can contact accident reconstruction specialists.
These individuals apply different principles, like physics and math, to investigate collisions and other incidents that led to an untimely death.
They can provide insights into the cause of death and the liability of the responsible party.
Other than that, a wrongful death lawyer can help preserve evidence. They’ll collect proof and ensure that they have as much information on the case as possible.
That means they investigate quickly to preserve evidence while it’s still fresh and accessible.
3. Negotiate With Insurance Companies
Dealing with insurance companies can be an overwhelming task for grieving families. The last thing you want to do is read through hundreds of pages to fully grasp what your policy entails.
Sadly, some insurance companies will capitalize on that to keep settlements to a minimum.
That’s why it’s crucial that you have a wrongful death lawyer on your side. They’ll help you understand your rights and identify the individuals responsible for your loss.
Plus, they’ll use their negotiation skills and knowledge to ensure you secure a fair settlement. This should cover your financial losses and emotional distress that resulted from the wrongful death.
Moving on, a wrongful death attorney will strive to maximize the compensation.
They understand that no monetary sum can make up for a lost loved one. So, they’ll work hard to make sure you don’t also have to be burdened by financial repercussions.
4. Provide Court Representation
In some cases, negotiations with insurance companies don’t lead to a satisfactory settlement. When that happens, the only course of action left is going to court.
This can be an exceptionally stressful process, especially when you have to relive the trauma of losing a loved one. Luckily, a wrongful death lawyer can represent you in a court of law.
For starters, they craft a compelling case that they can present to the judge. They’ll use the evidence they gathered to demonstrate liability.
Aside from that, the attorney will be a vigilant advocate for the family’s interests. That means they ensure your rights are protected and you have the best possible chance of obtaining a favorable verdict.
Legal Grounds for Wrongful Death Claims
Before you can file a claim for wrongful death, you need to make sure you have a legal right to pursue damages.
The laws around wrongful death can change depending on the jurisdiction. So, you need to check the regulations in your area before you begin legal proceedings.
However, there are a few legal principles that you can build your case around.
1. Negligence or Wrongful Act
Right off the bat, a fundamental requirement for a wrongful death suit is proving the death resulted from the negligence of the other party.
This can involve actions like reckless driving, failure to maintain safe working conditions, or medical errors.
2. Breach of Duty
Pointing fingers and assigning blame to another party can be a tricky process. To make this a little easier, you have to demonstrate that they owed a duty of care to the deceased person. Then, you have to establish that they failed to fulfill this obligation.
For example, a doctor has a duty of care to their patients. So, if anything happens to someone under their supervision, you may have grounds for a wrongful death claim.
3 .Causation
You have to establish a direct link between the negligence of a person and the death of your loved one. This usually requires expert testimony and evidence to show that the actions of the responsible party led to the fatal outcome.
In order to file a wrongful death case, your claim needs to center around one or all of these elements. Yet, for most people, proving negligence, breach of duty, or causation can be challenging.
That’s when wrongful death lawyers come into play. They can help you understand legal jargon and ensure you can satisfy the burden of proof.
Burden of Proof in Wrongful Death Cases
Aside from having legal grounds for a claim, you need to meet the burden of proof.
If you’ve ever watched “Law and Order,” you’ve most likely heard the term. Yet, few people actually know what it means.
In a murder case, you have to prove beyond a reasonable doubt that a party is guilty to get a conviction. However, in wrongful death cases, the burden is a little different.
Since wrongful death cases aren’t homicides, they fall under the civil court’s jurisdiction. Because of that, the burden of proof is “by a preponderance of the evidence.”
This means the plaintiff, or lawyer, has to prove that the events they describe are more likely true than not.
To succeed in a wrongful death case, you have to provide substantial evidence to support your claim. This can prove to be a tall legal order. You need to present documents like medical records, accident reports, witness statements, and expert opinions.
Thankfully, a wrongful death lawyer can help you with that. They can gather and present evidence effectively to build a compelling case.
The attorney will talk to investigators, medical experts, and other professionals to ensure they meet the burden of proof.
This should significantly increase the chances of a successful lawsuit.
Compensation in Wrongful Death Claims
Now that you know what a wrongful death lawyer does, I can move on to the type of compensation they can help you get. There are various categories of settlements, each with specific requirements.
In this section, I’ll cover the types of compensation and what they entail.
1. Medical Expenses
When a tragic accident occurs, the first course of action is to take the injured party to the hospital. Unfortunately, if the individual ends up passing, the expenses of the emergency room visit don’t just disappear.
They’ll transfer to the deceased’s next of kin. That means they’ll incur various expenses like ambulance costs and testing fees.
Luckily, medical expenses compensation should take care of all these costs, which can provide some relief to the family.
2. Loss of Income
If the deceased was the primary breadwinner in the family, the loss of income can be devastating. The next of kin may struggle to cover normal living costs like buying groceries and paying their electricity bill.
In that case, the family is entitled to loss of income compensation. This can bridge the monetary gap by providing for the family’s future financial needs.
3. Funeral Costs
We all know that funerals can cost an arm and a leg. There are plenty of expenses to keep in mind, like buying flowers, a coffin, and making other arrangements.
It can take a massive toll on the financial well-being of a family. This is especially true if the wrongful death was a sudden tragedy.
Because of that, the compensation typically covers funeral costs. That way, the family can focus on grieving rather than worrying about paying for the service.
4. Pain and Suffering
If the deceased endured any pain and suffering before their passing, the family is entitled to a settlement. Other than that, they can ask for compensation for the emotional distress that the death caused.
5. Loss of Consortium
In the case involving the death of a parent or a spouse, the family can ask for a loss of a consortium settlement. This recognizes the loss of companionship and support that the next of kin experiences.
Factors Affecting Compensation in Wrongful Death Claims
There are a few factors that affect the amount of compensation awarded in wrongful death claims. These include:
- Liability
- Insurance coverage
- Economic damages
- Non-economic damages
- State laws
- Court verdict
Aside from that, your lawyer’s negotiation skills will come into play. A skilled attorney should be able to maximize the compensation and reach a fair settlement.
Wrapping Up
If you lose a loved one due to the negligence of another party, you can hire a wrongful death lawyer to help you file a claim.
The attorney should be able to guide you through your rights and any other legal proceedings. For starters, they’ll gather evidence to prove liability.
Besides that, the lawyer can negotiate on your behalf when dealing with insurance companies. This ensures you get a fair settlement with the highest compensation possible.