According to a 2017 survey by the Centers for Disease Control and Prevention (CDC), 169,936 people perished due to unintentional injuries.
Although an accident or intentional action by another person can take away your loved ones in the blink of an eye, the consequences last forever. The desire to seek justice for your loved one within the law’s confines means you’ll need to file a wrongful death suit.
Here’s why you should hire a wrongful death attorney to help secure justice for your loved one.
What Does a Wrongful Death Lawyer Do?
A wrongful death lawyer is a type of attorney that represents clients who’ve lost a loved one due to another party’s negligent or wrongful acts. In most cases, these attorneys have experience in personal injury litigation.
Understanding Wrongful Death
A wrongful death suit is a civil action brought by the estate or survivors of a person who died because of another’s intentional or negligent actions.
Every state has a law governing wrongful death issues. It addresses who can bring a viable suit, the particular kind of case one should file, and when such a claim can be filed and damages accompanying wrongful death suits.
There are typically three parties that can generally bring a wrongful death claim against a defendant – a spouse, child, or deceased parent.
For the spouse, the lost companionship and emotional trauma are the driving forces behind their wrongful death application. Children (who aren’t of adult age) can receive an award for the lost benefit of no longer having a relationship with their deceased parent. A parent can only receive damages for the emotional trauma and lost relationship if the child was a minor.
Not all states agree that adult children or parents of adult children can’t bring wrongful death lawsuits. With that said, the rule of thumb generally is that the more distant the familial relationship, the harder it will be to receive legal remedy against wrongful death.
The damages from a wrongful death suit fall into one of two classes, i.e., financial or non-financial.
The financial damages help defray any losses incurred from a negligent action such as funeral expenses and medical bills, among others. Non-financial damages address the losses that are harder to quantify, such as losing the benefit of a relationship with the deceased.
What Must You Prove in a Wrongful Death Case?
Before you can receive damages for a wrongful death suit, you need to prove some of your case elements. Essentially, the burden of proof lies on you, and you’ll have to meet the same burden of proof as the deceased had they lived.
Duty of Care: You have to show that the defendant owed a duty of care to the victim. For example, if it’s a wrongful death case due to a car accident, you have to show that the defendant had the responsibility of obeying the rules of the road and driving carefully.
Breach of Duty of Care: Once you prove duty of care, you have to demonstrate that the defendant breached the duty owed to the deceased. In the case of a car accident, you’d need to prove that the defendant failed to obey the relevant traffic laws.
Causation: Unfortunately, proving a breach of care of duty alone isn’t enough. You also need to draw a connecting line between that breach and the damage. Thus, you will have to prove that it’s indeed the defendant’s action that caused the wrongful death.
Why You Need to Hire a Wrongful Death Attorney
No matter how well you succeed in trying to learn more about successfully proving your wrongful death suit, you’ll still need an attorney by your side. Why do you need an attorney?
- Experience
A wrongful death lawyer who has dealt with cases similar to yours knows what to look for when evaluating case strategy options. Having served many other wrongful death clients, the lawyer knows the legal ramifications of issues surrounding your case better than you ever would.
- Lawyers Negotiate on Your Behalf
Insurance companies, by nature, aim to pay as little compensation as possible. Insurers employ a bevy of lawyers to combat wrongful death suits, and having a competent lawyer by your side helps you counter any legal efforts to undermine you.
A wrongful death lawyer who has the experience knows how the game is played and can use that insight against the insurance.
Furthermore, such an attorney likely has developed goodwill within the industry that helps them get more comprehensive assistance to aid your case in ways you could never manage.
- It Saves You Time and Stress
A wrongful death case requires a lot of back and forth, including a raft of paperwork. Unless you have all the time in the world, you will likely struggle to dedicate the time necessary to see the back end of the case through on your own.
Hiring a wrongful death lawyer ensures you have someone with the right experience and skills in your corner fighting for you. Not only can you handle the case alongside your job and other duties, but you can do with more peace of mind.
- Help in Valuing Your Claim
A wrongful death lawyer who has served a wide array of clients knows how to value the associated claims. Using paralegals and associates, the lawyer can help ascertain a detailed analysis of your situation and that of your family.
That becomes exceptionally useful when addressing compensation, so you receive what you’re rightly owed.
- Support
Wrongful death suits are usually difficult for the plaintiff because they are still grieving their loved ones. If you try to handle the case alone, it may become difficult to think objectively along the way.
A wrongful death lawyer offers you timely support during a difficult time by remaining objective on your behalf. Thus, you’re able to handle the case and still focus on your family.
Secure the Justice Your Loved One Deserves
Losing a loved one due to somebody else’s negligence or willful action can be painful. Instead of seeking justice alone, bring on a wrongful death attorney who has the experience and expertise to help you win the case for your loved one.
Losing a loved one is difficult, and coming to terms with loss is one of life’s necessary skills. To help you build on other life skills, our site offers content on lifestyle, travel, and nightlife. Check out more of our articles for ideas and tips that can make life worth living.
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