Death is one of the most heart-breaking aspects of life or the passing of a dear one is one of life’s toughest moments. When that loss occurs due to someone else’s negligence or misconduct, the suffering becomes almost too much to bear. You may be left with overwhelming questions, frustration and grief. Why did this happen? Who is responsible? What can be done to get justice? Sometimes, it is difficult to understand what to do next and that is where such moments come in. Perhaps you are asking yourself whether or not it is the right time to hire a wrongful death lawyer.
A wrongful death lawyer can help explain your rights and the legal process to you during this difficult time and fight for your family member’s rights. This article will explain what a wrongful death case is, how to determine if you have a case, and what a lawyer can do for you. Let’s dive in.
Wrongful Death Case meaning
Wrongful death case occurs when a person dies due to the conduct of another person or omission of a particular act. It could be due to treatable medical illnesses, a car accident, an improperly manufactured product or work-related accidents. Wrongful death claim is intended to punish the defendant and to provide compensation to the surviving members of the deceased person’s family. Expanded losses can in this regard comprise of expenses incurred during the burial and funeral, loss of earnings potential and pain and suffering endured. If negligence is thought to be the cause of your loved one’s death, then it may be time to consider a lawsuit.
How to Know If You Have a Case
Little as it may sound, not every death is wrongful hence the need to deliberate on the case a little more. The elements necessary for a wrongful death case are that some person or entity was negligent or intentional and that the death was a result of the negligence or intentional act. This is where evidence comes in handy. Start by examining the facts: Was someone driving in a dangerous manner, under the influence of alcohol or any drug? Was negligence on the part of a health care worker? Was there a product that was lethal or sold with inadequate warning labels? If any of the above apply, you could be entitled to a case. Such circumstances involve more precise examination and documentation; in other words witnesses’ deposition, occurrence reports, or even a doctor’s prescription.
A wrongful death lawyer can advise you about whether your case fits into the legal definition of wrongful death. They will go over the facts, tell you what you are allowed to do, and help you go through the process. Of course it is important to remember that no two cases are the same so seeking advice from a professional is vital at the initial stages of the process.
Why Hire a Wrongful Death Lawyer?
Wrongful death claims are generally not only emotionally sensitive but also legally challenging. You may feel lost when going through the legal process especially if you are grieving. A wrongful death lawyer is well equipped to help you through this process. They begin the inquiry by not only looking into the facts about the case. This involves collecting of key discovery materials like heath records, accident reports and findings and statements from eye witnesses. They will also seek further advice from other professionals to bolster your argument. Apart from assembling glaring evidence in your behalf, they also manage all the legalities, time specifications and final bargaining with insurance firms. These tasks are usually tight and critical to need accurate completion, a task that may be difficult to do on your own.
The third rationale for hiring a lawyer is negotiation skills. Insurance companies especially the third party insurers will always seek to offer a low amount. If you do not have a lawyer, you may be forced to take whatever is offered to you in compensation for the damages done. An experienced lawyer is aware of measures that insurers take and thus can negotiate for deserved compensation. They will speak on your behalf, to make sure your family’s economic and emotional concerns are being met. However, what is more crucial is that a lawyer also brings along with him/her assurance. But what they are concerned with is the law, you can be at peace knowing that you are doing all you can to find some closure.
What Compensation Can You Receive?
Wrongful death action is an attempt to recover the loss of financial and emotional loss that you and your family have suffered due to the death of a loved one. Compensation can cover several areas:
- Funeral and Burial Costs: If to say that the death of a family member is a stressful experience, it is also important to note that it is also costly. It is possible to compensate for these necessary costs.
- Lost Income and Benefits: For instance, if your loved one had been providing financial sup, then losing them can leave a huge void. This ranges from wages that the injured person would be guaranteed had they not been injured plus potential future earnings.
- Medical Bills: Any medical treatment availed before the passing can be included, including emergency treatments or hospitalisation.
- Pain and Suffering: It is for this reason that compensation for emotional distress recognises the fact that nothing can compensate for the loss of a loved one but, at least, some compensation has to be made.
- Loss of Companionship or Support: This would be in the form of those emotional and practical support that your loved one used to offer the family members.
Conclusion
Death is always sad, but you do not have to grieve alone. Hiring a wrongful death lawyer can really make a big difference and help you get the justice and compensation you deserve. If you have any doubt about whether your case falls into one of these categories, you should speak to a lawyer you know and trust. They can provide you with the information and help as much as they can throughout the process.
