Who is a Wrongful Death Attorney?
John F. Kennedy once said, “The courage of life is often a less dramatic spectacle than the courage of a final moment, but it is no less a magnificent mixture of triumph and tragedy.” This statement rings especially true in the case of wrongful death attorneys who fight tirelessly every day to ensure that justice is served for their clients, whether through settlement or trial. Though their work may not always be glamorous, it is essential to our legal system and helps to uphold the rights of those who have lost so much.
You must be thinking about what a wrongful death attorney is, and this blog post is here to provide some clarity.
What is a Wrongful Death?
First, you should know that not every death is considered a “wrongful death.” Death is only wrongful if caused by another person or entity’s negligence or intentional wrongdoing. For example, if someone is killed in a car accident caused by a drunk driver, that would be considered a wrongful death. If someone dies of natural causes, that would not be considered a wrongful death.
There are many ways someone can die due to another person’s negligence or intentional wrongdoing. Some common examples include:
- Car accidents (personal injury claim)
- Medical malpractice
- Workplace accidents
- Slip and fall accidents
- Defective
Responsibilities Of a Wrongful Death Attorney
You might be wondering what a Wrongful Death Lawyer does. Here are some of the key responsibilities:
Investigate Your Loved One’s Death
How Does a Wrongful Death Claim Work? The first step in any wrongful death case is to investigate the circumstances surrounding your loved one’s death. This will involve talking to witnesses, reviewing police reports, and collecting any other evidence that will help to prove how your loved one died.
Also, the attorney must prove that the death was caused by another person or entity’s negligence or intentional wrongdoing. This can be difficult without the help of experienced wrongful death lawyers.
Explain Your Legal Rights State-Wise
Every state has different laws when it comes to wrongful death. It is important to have an attorney who knows the laws in your state and can explain how they apply to your case.
For example, some states require that a certain amount of time passes between the date of death and the date the lawsuit is filed. This is called the statute of limitations. If you try to file a wrongful death lawsuit after the statute of limitations has expired, your case will likely be dismissed.
Other states have different laws regarding who can file a wrongful death lawsuit. In some states, only certain family members are allowed to file, while in others, any person who is financially dependent on the deceased can file.
Your attorney will be able to explain the laws in your state and help you determine if you have a valid case.
Help You Get Financial Compensation
If your loved one died due to someone else’s negligence or intentional wrongdoing, you may be entitled to financial compensation. This can include reimbursement for medical and funeral expenses, loss of income, and pain and suffering.
Your attorney will help you gather evidence to support your claims and negotiate with the other party’s insurance company to get the compensation you deserve.
Prepare Your Case for Trial
If the other party’s insurance company refuses to offer a fair settlement, your attorney will be prepared to take your case to trial. This will involve gathering additional evidence, interviewing witnesses, and working with expert witnesses.
Your attorney will do everything possible to get you the justice you deserve.
What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit brought by the family of a person who has died due to the negligence or intentional wrongdoing of another person or entity. The family can seek financial compensation for medical and funeral expenses, loss of income, and pain and suffering.
What Includes a Wrongful Death?
Wrongful death can be caused by many things, including car accidents, medical malpractice, workplace accidents, and slip and fall accidents. For the death to be considered wrongful, it must be caused by someone else’s negligence or intentional wrongdoing.
What Qualifies as a Wrongful Death Lawsuit?
To qualify as a wrongful death lawsuit, the death must have been caused by another person or entity’s negligence or intentional wrongdoing. The deceased’s family must also be able to prove that they have suffered financial damages due to the death.
Is Wrongful Death a Crime?
No, wrongful death is not a crime. It is a civil lawsuit that the deceased’s family brings to seek financial compensation for their loss.
Right to File a Wrongful Death Lawsuit
The death of a family member is always a difficult event to deal with, both emotionally and practically. If the death was caused by another person’s negligence or wrongful act, the survivors might also be struggling with a sense of justice. In many states, including California, the law provides for the right to file a wrongful death lawsuit in such cases. This type of civil action can help the survivors obtain compensation for their loss and hold the responsible party accountable for their actions. While no money can truly make up for the loss of a loved one, a successful wrongful death lawsuit can provide some measure of justice and closure for the family.
Who Can Bring a Wrongful Death Lawsuit?
In these cases, the law allows certain family members to bring a wrongful death lawsuit against the responsible party.
- The eligibility requirements vary by state, but generally, the surviving spouse, children, or deceased person’s parents are allowed to file a claim.
- In some cases, other relatives may also be eligible, such as siblings or grandparents.
- Additionally, some states allow a representative of the deceased person’s estate to bring a wrongful death suit on behalf of all of the deceased person’s survivors.
Can a Family Sue for Wrongful Death?
Yes, in most cases, the deceased person’s family members can sue for wrongful death. In some states, the law also allows a representative of the deceased person’s estate to bring a wrongful death suit on behalf of all survivors.
How Long Does It Take to Settle Wrongful Death Claims?
The amount of time it takes to settle a wrongful death claim varies depending on the circumstances of the case.
Concurrent claims can take anywhere from 1 to 4 years to resolve. However, complex cases may take longer to settle.
How To Win a Wrongful Death Lawsuit?
You need to determine if the defendant owed a duty of care to your loved one. This can be determined by looking at the relationship between the defendant and your family member. For example, a driver owes a duty of care to other drivers on the road, so if your family member was killed in a car accident, the driver would likely be liable for wrongful death. However, if a wild animal killed your loved one, the animal’s owner would not likely be liable for wrongful death.
After that, you need to show that the defendant breached their duty of care. This can be done by proving that the defendant did something or failed to do something that caused your family member’s death. For example, if the defendant was driving drunk and caused a car accident that killed her loved one, they would have breached their duty of care.
Then, you need to show that the breach of duty caused your loved one’s death. This can be done by proving that your loved one would not have died for the defendant’s breach of duty. For example, if your loved one was killed in a car accident, but for the defendant’s negligence, they would have survived.
Finally, you need to show that you suffered damages due to your loved one’s death. This includes both economic and non-economic damages. Economic damages include things like medical bills and funeral expenses, while non-economic damages include things like pain and suffering.
Types of Wrongful Death Lawsuits
There are a variety of types of wrongful death lawsuits that can be brought. Some common types include car accidents, medical malpractice, accidents at work, defective products, semi-truck accidents, pedestrian accidents, and aviation accidents.
Difference Between Malpractice and Wrongful Death
Malpractice is a type of negligence that occurs when a professional fails to provide the standard of care that a reasonable professional would in the same situation. This can include things like doctors, lawyers, accountants, and more.
Wrongful death is a lawsuit that can be brought when someone dies due to another person or entity’s negligence. This can include things like car accidents, medical malpractice, and more.
Damages Are Awarded in a Wrongful Death Lawsuit
In a wrongful death lawsuit, the deceased person’s family is typically entitled to damages. These damages include medical expenses, funeral expenses, loss of income, companionship, pain, suffering, and more.
The number of damages awarded in a wrongful death lawsuit will vary depending on the circumstances of the case. Some factors that will be considered include the deceased person’s age, income, life expectancy, pain and suffering, and more.
Cap on Wrongful Death Damages
There is no cap on the damages that can be awarded in a wrongful death lawsuit. This means that the deceased person’s family can recover any damages they are entitled to.
Average Settlement for Wrongful Death Lawsuits
You can seek compensation for a wrongful death lawsuit between $500,000 and $1 million. However, the amount awarded will vary depending on the circumstances of the case.
What Should I Ask a Wrongful Death Attorney?
If you are considering hiring a wrongful death attorney who will be your personal representative, there are some important questions that you should ask. Some of these questions include:
- How long have you been practicing law?
- How many wrongful death cases have you handled?
- What is your success rate in these cases?
- How much experience do you have with the type of case I have?
- What is your strategy for my case?
- How much will it cost to hire you?
- How long do you think my case will take to resolve?
Frequently Asked Questions (FAQs)
What Is The Highest Wrongful Death Settlement?
The highest wrongful death settlement on record is $100 million. This settlement was awarded to the family of a woman who a drunk driver killed.
Who Can File A Wrongful Death Suit In Indiana?
In Indiana, the deceased person’s surviving family members, such as a spouse, child, or parent, can file a wrongful death lawsuit.
Who Can Bring A Wrongful Death Claim In Georgia?
The Georgian laws are also the same; the deceased person’s spouse, child, or parent can file a wrongful death lawsuit.
Final Verdict
Wrongful death attorneys are essential in our legal system; they work tirelessly daily to ensure justice is served for their clients. Though their work may not always be glamorous, it is essential to our legal system and helps to uphold the rights of those who have lost so much.
