When the loss of a loved one is due to another party’s negligent actions or inaction, a family can seek financial compensation. A wrongful death lawyer can help ascertain the responsible parties in a wrongful death claim and fight for fair compensation for a deceased family member.
Wrongful deaths can be a devastating event for any family. They leave behind empty spaces and a lifetime of pain and hardship. While no amount of money can fill that void, a substantial financial settlement can help a family deal with the expenses incurred by the loss.
In addition to the lost income, funeral expenses, and hospital bills, a family can be awarded non-economic damages for pain and suffering. These include the loss of companionship, the value of household services such as cleaning and child care that the deceased would have provided, emotional distress, mental anguish, and more.
While it may be difficult to understand the value of a loved one’s wrongful death claim, a seasoned attorney can provide the in-depth analysis needed for a proper assessment. An experienced wrongful death attorney will also be familiar with the laws in your state and how they apply to your case.
The length of time it takes to settle a wrongful death lawsuit varies greatly depending on the circumstances. For example, a wrongful death claim involving an auto accident often involves complex investigations and expert witness testimony. It can take months or years to reach a settlement in these cases.
A wrongful death lawyer should be empathetic and compassionate in their approach. They should understand the emotional turmoil you’re going through and take your wellbeing into consideration throughout their representation. They should also be able to communicate effectively, ensuring you are fully aware of what’s happening with your case and the next steps.
In wrongful death cases, there are two types of legal proceedings that can be initiated: criminal and civil. The criminal case will be handled by the government and is focused on punishing the individual(s) responsible for your loved one’s death through imprisonment or fines.
The civil case, on the other hand, is initiated by the plaintiffs and the deceased’s survivors. The personal representative of the estate, which is usually a relative of the deceased, can file a lawsuit on behalf of the heirs and beneficiaries of the victim.
It is important to note that a person can only recover financial compensation for the loss of their loved one if the defendant had a legal duty to your deceased family member. This could be a driver who was not exercising reasonable caution or manufacturers who sold defective products.
Those responsible for your loved one’s death can make any number of defenses to avoid liability. They may argue that your loved one’s death was due to their own high-risk behavior or even that they did not suffer an injury at all. An experienced wrongful death attorney can prepare for these defenses and help you prove that the defendant had an accepted obligation to act within the standards of their profession or position.