Does your loved one or someone you know die due to another person or entity’s negligence, recklessness, or intentional wrongdoing? If this is the case, you can pursue legal action and seek compensation in court.
Any family member or relatives, financial dependents, and life partners who depended on the person can file a wrongful death claim. While filing a lawsuit can’t bring a person back, it can alleviate financial and emotional burdens by holding negligent parties accountable and providing compensation to the surviving family members.
If you’re dealing with this, let a wrongful death attorney in Decatur handle your case with care and professionalism.
What’s a Wrongful Death Claim?
Wrongful death occurs in a variety of circumstances like car accidents, medical malpractice, defective products, and fatal workplace accidents.
Regardless of the situation, it’s vital to understand how wrongful death occurs as it plays a critical role in identifying the legal avenues for pursuing justice and the successful resolution of a wrongful death claim.
To establish whether a death is wrongful or not, certain key elements must be proven:
- Death is caused by the carelessness, negligence, or intentional act of another party
- Surviving family members must suffer damages as a result of the death
6 Steps Involved in a Wrongful Death Lawsuit
Navigating the legal process of filing a wrongful death claim is complex and overwhelming. Here’s a quick guide to give you an idea of where to start and what to expect.
1. Hire a wrongful death lawyer
The key to meeting legal requirements and successful claims is to seek the expertise of an experienced attorney. The lawyer will handle the complex legal process so you can cope with the emotional impact that the death of a loved one brings. Your lawyer will prove the case and ensure that your rights are protected throughout the legal process.
2. Determine legal requirements
If you’re the right person to file a lawsuit, check if your claim meets the criteria to be considered wrongful and eligible. Ensure that the criteria mentioned above can be proven under the state law. A wrongful death attorney will assist you with this.
3. Gather proof and evidence
Collect every material like accident reports, documents, videos, and medical records to prove that the death was caused by a wrongdoing. These pieces of evidence help build a strong case to help establish liability and quantify the loss and damages. The lawyer will conduct thorough investigations, assess all records, and gather statements of witnesses to support the claim.
4. Evaluate the losses
A wrongful death involves economic and non-economic damages. Economic damages include medical bills, funeral expenses, loss of income, and future financial loss. While non-economic damages are subjective, they remain equally significant. This can be emotional distress, pain, suffering, or loss of companionship. The lawyer will work with medical experts or other professionals to assess these damages accurately.
5. Communication with other parties
A wrongful death attorney will communicate to the other party and insurance companies on your behalf. This way, you can ensure that your rights are protected throughout the process, and you will get the justice and compensation your family deserves. The lawyer will also see that you do not accept an unreasonably low settlement offer.
6. Filing and court litigation support
Sometimes, wrongful death claims are settled when the parties involved come to an acceptable agreement to resolve the claim. But, when a settlement isn’t reached, proceeding to trial will be necessary. In this case, the attorney will represent your case in court and present your claim before a judge and the jury.
Decatur Wrongful Death Attorney Can Help
Keep in mind that every wrongful death case is unique, and each one requires personalized legal advice. Thus, consulting with an experienced wrongful death lawyer after the tragic loss of someone you love will make navigating the legal process more manageable.
For more information and guidance about wrongful death lawsuits and how an attorney can help you navigate the legal process, read more about it here.
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