A wrongful death lawyer handles legal suits for families who have recently lost a loved on to the wrongful or negligent act or negligence of another party. In such instances, the family of the dead person can also file a wrongful death lawsuit in civil court. Along with handling these lawsuits, wrongful death attorneys also possess expertise with personal injury matters. If you are searching for an attorney to take your loved one’s case, it is imperative that you ensure that you find one with extensive experience in these instances. It is also imperative that you hire a lawyer who will fight aggressively and effectively for you. This article provides some basic advice for how to find the best attorney.
There are two types of wrongful death lawsuits: (I) a wrongful death lawsuit on behalf of the decedent; and (ii) a wrongful death claim on behalf of the surviving family members. In any event, if the claim does not include direct monetary damages, it is known as an administrative claim. The decedent did not make any financial payments following his/her death, therefore the surviving family members are entitled to compensation for lost wages and suffering. If, however, there is evidence of financial loss at the time of death, this claim will be handled by the personal representative.
Personal representatives handle these administrative claims because they are relatively easy to prove. Deceased loved ones are usually able to demonstrate that they were not able to provide monetary compensation for the loss of their loved one, but were able to maintain companionship with the decedent. This demonstrates that they had legal rights, which were more recognized than that enjoyed by families who do not have decedents. In wrongful death cases, evidence of companionship can be presented to show that the decedent was not able to sustain his/her lifestyle, with or without assistance. Such evidence should be presented to support the claim for damages.
Another important factor to consider is negligence. Negligence can be demonstrated by a failure to act, by the responsible party or by the responsible parties’ products or services. The defendant has a duty to act or to provide a product that would have ordinarily existed in the absence of that conduct. The responsible party may also be held responsible for injuries that occur as a result of its conduct, even if the victim was not harmed as a result of the conduct of the party(s). For instance, if the driver of a truck negligently slams into another vehicle, this is negligence.
These factors, coupled with the decedent’s relationship with the responsible party, create the proper basis for filing a lawsuit. It is important to hire an experienced wrongful death lawyer to represent your case. Because lawsuits are filed against those who are generally deemed to be at fault, it is imperative that you hire a plaintiff’s attorney who has experience filing and winning personal injury lawsuits. The attorney must assess all aspects of your case and obtain sufficient information about the facts of the case to prepare an effective legal defense. Only after the appropriate assessment is performed should you hire a lawyer.
A good attorney will advise you on the course of action you should take after you have been informed of the possibility of a wrongful death. In many instances, an experienced wrongful death lawyer will decide in favor of the victim’s family members, if the case goes to trial. (Of course, it is also possible for an experienced wrongful death lawyer to reduce a settlement or judgment to a more affordable sum once the case is concluded.) If you decide to pursue a lawsuit, the attorney will provide the necessary information needed to obtain a trial date.
Wrongful death suits arise when someone dies as the result of the negligence of another individual or company. Typically, this type of case is brought by a doctor who negligently treats a patient with an illness. If, for example, the doctor fails to appropriately treat the patient’s symptoms and the patient dies as a result, the patient’s or family members may seek damages for wrongful death. The doctor’s insurance coverage may pay some or all of these damages, but if the case goes to trial, then the insurance company will be responsible for paying the full amount of damages.
The best way to protect yourself from a lawsuit is to prevent unnecessary injuries or illnesses. The best way to avoid being responsible for a wrongful death suit, or any injury or illness, is to keep yourself, your family, and your business or organization safe from negligence. If you believe that you have been injured or fall victim to negligence, contact an experienced attorney who can advise you on the best course of action.