The loss of a loved one is tragic but can be even more heartbreaking when the cause is due to another person’s negligence. A wrongful death not only leaves families devastated but also imposes financial strain that an attorney specializing in wrongful death can help with.

The wrongful death lawyer has extensive knowledge and expertise in their field and offers their clients empathy and compassion aside from legal support. 

A wrongful death occurs when someone loses their life due to another individual’s misconduct or negligence, which can include medical malpractice, a vehicle accident, or a workplace incident. 

Regardless of the reason, a claim involves a complex legal process, which is why it’s essential to secure justice with expert representation. A knowledgeable and empathetic lawyer will seek compensation and give families a voice by holding the responsible party accountable.

Reasons To Hire an Attorney to File a Wrongful Death Claim

It’s distressing to lose someone you love, but when that loss is due to recklessness or negligence, the circumstances are significantly more tragic. Attorneys specializing in wrongful deaths will file a claim in these situations to hold the guilty individual accountable.

If you’re unsure how a lawyer can help with your claim, consider the following reasons to pursue legal counsel to pursue your case. Read here for more information.

Legal Knowledge and Expertise

Filing a lawsuit of any kind is a time-intensive and complex process. Maneuvering legal processes following the loss of a loved one due to misconduct or negligence is particularly challenging. 

Lawyers specializing in these cases have years of experience handling cases in the field and have adequate resources for filing swift complaints. 

These professionals have an in-depth knowledge of medical malpractice and personal injury, plus experience with death investigations such as evidence gathering and developing a timeline.

The lawyers are familiar with the different types of claims and their varied procedures and regulations. These include:

• Defective products
• Vehicle accidents
• Premise liabilities
• Medical malpractice, including surgical errors, misdiagnosis, prescription errors, and on
• Construction accidents

A competent attorney has a diverse portfolio and should be comfortable sharing their success rate with cases comparable to yours. Visit – How to File a Wrongful Death Lawsuit – FindLaw – for tips on filing a wrongful death lawsuit.

Gathering Evidence

Aside from filing a claim, the legal expert will gather evidence to prove negligence as follows:

• Police Reports

If a loved one passes away in a vehicle accident or on a construction job site, the police report will serve to strengthen the case. The attorney will get the report since it will contain witness accounts and photos.

• Witness Accounts

A quality and qualified lawyer will reach out to witnesses to encourage their testimony to increase your chance for fair compensation.

• Medical Reports

Medical records include blood tests, the autopsy report highlighting the connection between the cause of death and the negligence, and the death certificate. The medical records demonstrate how the illness or injury progressed and contributed to the fatal result.

• Expert Testimony

The lawyer will find and speak with an industry expert who will provide their opinion under oath in court. This testimony can be from accident reconstruction experts, medical experts, financial experts, or others. The attorney will document communication, including messages or emails relevant to the claim.

Having a trusted legal expert gather evidence for the case can relieve the burden from you and allow you to focus on grief and healing. 

• Case Strength

The legal counsel will consult with you to assess the case. The professional will determine the strengths and weaknesses to give you an estimate of the compensation value. The compensation should cover:

• Medical bills
• Loss of wages
• Funeral expenses
• Pain and suffering

The lawyer will assess your relationship with the deceased and the guilty individual’s gross negligence to predict a number to help you manage expectations. The professional can help you recover non-economic damages, a difficult aspect of filing these claims.

They will use the following means to depict the emotional impact of those who suffered the loss.

• Psychological evaluations provide expert opinion as to the extent of the family’s emotional suffering.
• Detailed records of how the loss is impacting family dynamics.
• Testimonies from close friends and family indicating the deceased’s role and the emotional toll their absence has taken

These attorneys have extensive knowledge of state laws pertaining to non-economic damages in order to advocate for fair and reasonable compensation.

Negotiating on Your Behalf and Representing You in Trial

Insurance strives to pay as little as possible and can make negotiations quite difficult by using the following tactics:

• Delaying the process by requesting unnecessary documents
• Offering low but quick settlements to discourage time for hiring an attorney
• Asking difficult questions or twisting what you say to weaken your testimony
• Faulting the deceased
• Claiming preexisting injuries contributed to the death of your loved one

Many claims are settled via negotiations; however, when the opposing party’s insurance carrier fails to offer fair and reasonable compensation, an appeal for litigation is in order. An attorney with courtroom experience will present the case, carrying the burden of proof, and cross-examining opposing witnesses.

They will help prepare you for the witness stand by practicing your testimony and helping you anticipate questions from the opposing lawyer. The lawyer will guide you on how to answer with clarity and conciseness.

A competent attorney will work to explain the litigation process, helping bring you a sense of calm and keep you collected. 

Final Thought

For those who lose loved ones due to another person’s negligence, they might feel overwhelmed and uncertain about what to do. You may wonder if you have legal resources or if a legal expert can help. 

A wrongful death attorney will work with you to navigate the processes and ensure you are fairly and reasonably compensated for the loss.

These experts have the knowledge and skill set to handle varied personal injury claims successfully, such as vehicle accidents, medical malpractice, and more. You can feel confident that the professionals will get the best possible outcome for your case.