Wrongful deaths are deaths stemming from the actions of another party. The liable party’s negligence may have caused the accident leading to the person’s death, or they may have engaged in criminal activity causing death.
The deceased party’s personal representative may pursue a civil lawsuit against the liable party. Sometimes, the wrongful death claim follows a criminal trial. Personal representatives may also pursue legal action if criminal charges aren’t filed. Let’s look at professionals that handle wrongful death cases and what they do to win their cases.
Wrongful Death Lawyers
All attorneys must earn a bachelor’s degree and a law degree before taking the bar exam. They can practice law once their state licenses them. Lawyers choose a legal field they want to work in when they’re in law school and take courses preparing them to handle specific types of cases when they begin practicing law.
Personal injury attorneys handle wrongful death suits. Hire an injury attorney because they’re familiar with relevant case law and legal precedents that impact wrongful death cases, enabling them to prepare a strong case efficiently. You can find a personal injury attorney with a web search. Potential clients receive a free consultation, which means you can consult attorneys at no risk before hiring a law firm. Since you’ll have many conversations with your attorney about the deceased and their death, and should ensure you feel comfortable with your attorney and feel confident in their legal strategy.
Once you hire a Philadelphia wrongful death lawyer, their legal assistant or paralegal completes and files paperwork with the court, ensuring your case is filed before the statute of limitations expires. Your attorney’s legal team will gather evidence. They’ll question witnesses, seek additional witnesses, and look for evidence to support your claims. The evidence could vary based on the cause of death. Suppose your family member was killed in a truck accident. Your lawyer may use dashcam footage and maintenance records to establish the defendant’s negligence.
Your attorney will explain the legal process. Their job involves ensuring you’re ready for depositions and hearings. They’ll present settlement offers to you, enabling you to determine whether to settle or proceed with a trial. Your lawyer will also let you know about any new evidence that could impact your case. If you don’t settle the claim, your lawyer will present evidence in court. They’ll refer to other rulings and legal precedents to support your claims, seeking fair compensation from the defendant.
Reasons to Sue
Winning a wrongful death suit can ensure you receive compensation for any costs stemming from the person’s death. Suppose your family was in a car accident and one family member received severe injuries. They may have needed expensive medical care before passing away from their injuries. Filing a wrongful death claim enables you to receive funds to cover those medical expenses. If the person who died was a parent, your family might need funds to compensate for the loss of income. Depending on your state, you may also seek punitive damages to compensate for your pain and suffering, although compensation for pain and suffering is rare. Your injury attorney knows whether your state allows punitive damages and whether to include punitive damages when filing your suit.
Other Cases Types
Wrongful death attorneys handle various injury cases, such as car accidents, medical malpractice, and premises liability cases. You might have grounds to pursue more than one case if you were in a car accident that claimed the life of one family member while injuring others. Working with an experienced wrongful death attorney ensures you receive expert legal guidance while pursuing the maximum compensation allowed.
Winning a wrongful death case begins with consulting the right kind of attorney. Your lawyer uses their legal knowledge to prepare a case against the at-fault party, pursuing fair compensation for costs related to the wrongful death.