How Wrongful Death Lawyers Can Assist You in Filing a Claim

Filing a Claim

It’s always a painful experience to lose your dear one. The situation can even be more difficult when you believe the death was caused by negligence or wrongful acts of another person.

You can file a wrongful death claim if you have lost someone through someone’s actions. The process includes investigations, negotiations, and even litigations, which make it a complex process to complete when you are still mourning your dear one.

As such, you may need a wrongful death lawyer to assist you with the lawsuit to avoid delays and increase the chances of your claim’s success. Here is a short guide on how wrongful death lawyers can assist you in filing a claim.

Common Examples of Wrongful Death Causes

You can apply for a wrongful death claim if you lost your loved one through any of the following:

Medical malpractice
Bicycle and pedestrian accident
Vehicle accidents
Overdose or poisoning
Slip and fall mishaps
Assault and battery
Premises/product liability
Dog bites
Workplace accident

For all cases, you must prove that the other party is liable for the accident.

How a Wrongful Death Lawyer Helps You

Working closely with an experienced lawyer ensures you get help with your wrongful death claim. The lawyer can help you in the following to ensure the success of your case.

Determining Liability

You should be able to prove liability before suing someone for wrongful death. To prove liability, you should show that:

The defendant breached their duty of care, caused injuries and death to your loved one
The defendant had the responsibility to act with care
The victim’s death caused you (the plaintiff) significant financial losses
The defendant breached their duty through willful act or omission

A wrongful death lawyer helps you prove the defendant’s liability to present a valid case.

Investigation

The investigation process involves collecting data and facts surrounding the case. An experienced attorney helps with the investigation by visiting the death scene, getting witnesses, and determining the validity of the evidence.

The investigation is a time-consuming process that involves high accuracy level. As you mourn the death of your loved one, your lawyer assists you in the investigation step to create a solid base for the case.

Issuing the Demand Letter

Issuing a demand letter is part of filling a claim. Usually, a demand letter is written by an attorney, outlining the dispute and requesting restitution to the aggrieved party. The recipient of the demand letter can be an individual or company and may sometimes disagree with it, resulting in some form of negotiations.

An experienced wrongful death lawyer helps with the negotiations to reach a fair settlement for you after losing your loved one.

Settlement

Every wrongful death case ends with a settlement that can be reached before or after court resolution. The process may take a few months or even years, depending on the issues surrounding it. Once you settle, you are compensated for the recoverable damages. Your settlement depends on the following:

Health expenses incurred
Services that the deceased used to provide
Out-of-pocket expenses

A wrongful death lawyer walks you through the legal journey to ensure you get fair compensation, depending on the costs and damages you incur.

Finding an Experienced Wrongful Death Lawyer

Losing a dear one is a hard experience that can strain your finances, in addition to causing emotional troubles. If you have lost someone and believe someone is negligent, find a good wrongful death lawyer who can help you initiate the claim process.

The lawyer will listen to your case, investigate and help with other case proceedings. The lawyer handles the paperwork, giving you an easier time as you mourn. Most importantly, the lawyer advises on the best path to take depending on the case resulting in the wrongful death.