A wrongful death case is filed when somebody dies due to negligence, oversight, carelessness, or deliberate behavior of another person. These circumstances could have been avoided had the opposite person made different decisions or been more attentive. Wrongful death is sudden, abrupt, and can be traumatic. It can be a result of an accident, indirect negligence, or a case of violent crime resulting in murder.
Wrongful death can also be caused due to drunk driving or reckless behavior of another individual that claims the life of an innocent person. It can also occur due to medical malpractice whether the mistake of the medical professional could cost the victim his or her life.
This sort of death is difficult to deal with and handling the sudden demise of a loved one due to the negligence of another individual can be frustrating. While you grieve and try getting your life back on track, you should get in touch with a wrongful death attorney who can handle all the legal proceedings and get you a substantial financial claim. There are various factors a wrongful death attorney takes into consideration before filing a claim.
If someone dies because of a wrongful act or negligence of another person then it is called a wrongful death. The family of the dead can file a lawsuit against the person who has killed the family member so that they can get compensation for mental pain and financial loss. The most common wrongful death cases are:
In the cases of wrongful death, the death is sudden or untimely. If your loved one’s death has been caused due to the wrongdoing or negligence of another person then there may be a lot of anger and feeling of injustice within you. You might be coping with the emotional trauma and wondering why it happened to you. You also might be feeling that you deserve compensation for all the suffering and pain that is caused by them to you and the family.
You need to consider the circumstances before deciding whether or not you need to file a wrongful death claim. This is difficult for a common man to figure out which is why an attorney comes in handy. They take into consideration the negligence, wrongful act, and recklessness of the person in question.
If it was an accident that involved the collision of two cars and resulted in the death of your loved one, it may not always be passed off as wrongful death. In such a scenario, you will need to file for car accident insurance. However, if the accident was caused due to the negligence of the opposite person then you can claim for wrongful death. However, the negligence needs to be proven in a court of law.
Your attorney will complete the investigation which involves checking CCTV footage or speaking to eyewitnesses that were present at the spot. In the case of a drunk driver, the blood alcohol level of the driver would need to be checked and medical reports would need to be filed in court. Various complications revolve around wrongful death and it is important to have a certified wrongful death attorney by your side.
Random individuals or individuals not related to the victim cannot file for a wrongful death claim. It must be filed by immediate family members. In case there are no immediate family members, then step children that were legally adopted by the victim can also file for such a claim. If there is written confirmation that the victim legally authorized a third person to handle their estate after their death, only then can that person file a claim.
It’s quite difficult to figure out who can and cannot file for a wrongful death claim and this is where a wrongful death attorney comes in handy.
Various factors need to be considered when filing for a wrongful death claim. The economic burden is at the top of the list. If the victim was the sole bread earner of the family and there are mortgages and other bills that need to be handled, this will also be taken into consideration when filing a claim. Apart from the costs that were associated with direct death, things such as medical expenses, funeral bills, expenses to maintain the family lifestyle will also be taken into consideration.
A smart wrongful death lawyer also takes into consideration non-economic damages. This includes emotional factors such as the loss of a loved one, a companion, a parent, or a child.
Wrongful deaths are sudden which means the emotional impact of death is quite high. The relatives of the victim could be in shock for several months. This may make it difficult for them to move on and make the right decisions. In such situations, the opposing attorney would try and take advantage and lower the claim considerably. It is difficult to even understand what is happening in such a situation. Considering the complications involved with wrongful death laws, people are often under-compensated for the death of a loved one.
Having a smart wrongful death attorney by your side not only ensures your paperwork is in place but they also take the time to gather evidence and do all the running around so you don’t have to stress about the case. These lawyers are compassionate and they understand the support you need which is why they are just as aggressive when demanding compensation for your losses. They do not take things lightly and they pin down the opposition and compel them to give in.
Wrongful death attorneys also help save a lot of time and money because they do not like beating around the bush. While the opposition lawyers may have you going around in circles, this is something your attorney will not let happen. They help to get your claim released as soon as possible by pressurizing the opponent. In some cases, they manage to get it as early as the victim’s funeral.
They also help save a lot of time because of the multiple trips you would have had to make to the courtroom. This is because they push to file charges if the opponent does not budge during the first hearing.
No price can compensate for the loss of a loved one. However, the right amount can help you get a fresh start. Many times people refuse the initial compensation only to regret it at a later stage in life. Hiring a wrongful death attorney at the right time helps you understand the value of this claim and why it is so important.
The attorney will explain the need for you to move on and cover up the losses you had to face because of the negligence of another person. Many times single mothers are left to fend for themselves along with their children and in some cases, children are left without parents because of the wrongful act of another person. A wrongful death attorney helps to punish these offenders by getting you the compensation that will help secure your life.
At Schehr Law, our lawyers will be there for you in the time of your loss. They will do all that they can so that you get compensation for suffering, financial burden, or pain that you and your family are going through because of the wrongful death of your family member.
* Note: I am available via email and phone anytime after hours. Free consultations apply to personal injury and criminal law cases. Immigration defense is subject to a consultation fee which will be applied towards your retainer if you chose to retain.