Losing a loved one because of someone else’s negligence can be overwhelming and extremely challenging, especially if you’re unsure where to turn. What kind of attorney handles wrongful death claims? While all legal professionals can take on wrongful death lawsuits, some are more qualified than others.
When pursuing wrongful death compensation, you want to work with a lawyer who is experienced and well-versed in the laws of your state. Their in-depth knowledge can help you secure a better settlement than an attorney whose focus is more generalized.
What Does a Wrongful Death Attorney Do?
A wrongful death lawyer handles cases where negligence causes untimely death. These legal experts represent families who are seeking compensation to help them recover from the loss of life. Therefore, a wrongful death lawyer does not seek criminal penalties. Instead, they pursue civil litigation that allows surviving family members to see that justice is served.
A wrongful death lawyer represents any cases that stem from negligent actions, including:
- Motor vehicle accidents
- Medical malpractice
- Construction accidents
- Nursing home neglect or abuse
- Workplace injuries
- Slip and falls
To start, a wrongful death attorney investigates your case. They gather evidence to demonstrate how the liable party’s negligence caused the death. From there, they prove how the death resulted in damages for your family. Then, they seek to collect compensation for their damages through a wrongful death settlement.
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Why You Need a Wrongful Death Lawyer Handling Your Case
An attorney may possess foundational knowledge in various legal topics, but a wrongful death lawyer has a specific understanding of wrongful death claims. Therefore, they are more knowledgeable in relevant statutes, state laws, and court cases that could affect the outcome of your lawsuit.
Determine Who Is Eligible to File Your Claim
There are restrictions surrounding who is eligible to bring a wrongful death claim. In some states, immediate family members such as spouses, children, and parents can file a suit. But in other states, only an executor or personal representative can file a wrongful death claim.
A wrongful death lawyer is an expert in personal injury laws and can guide you through the claims process. They help family members determine who should bring the claim and answer questions about the civil litigation process.
Recover Maximum Compensation for Wrongful Death
A wrongful death attorney will review the details of your claim to determine what type of compensation you can pursue. Calculating payment in a wrongful death case can be complex, but a seasoned professional will be able to determine all the economic and non-economic damages you may be entitled to recover.
Examples of the types of damages your wrongful death attorney will seek to collect include:
- Medical bills your loved one incurred leading to the death
- Burial, funeral, or cremation expenses
- Loss of financial support or benefits
- Loss of parental guidance
- Loss of consortium
- Pain and suffering
While you may be entitled to compensation for all these damages, the at-fault party’s representative may try to deny your claim or offer you a lower sum than your claim is worth. However, a skilled wrongful death lawyer can collect evidence demonstrating your total losses and demand that the liable party adequately compensate you.
Adhere to Your State’s Statute of Limitations
Wrongful death claims must be filed within the deadlines outlined in your state’s statute of limitations. The timeframe can vary based on different factors, and missing the deadline can bar you from recovering compensation.
But a wrongful death lawyer understands the statute of limitations and acts quickly to get everything filed on time. They are also well-versed in exceptions to statute of limitations. If you think you missed your deadline, your lawyer may be able to determine if your circumstance qualifies for an extension.
Therefore, an attorney who handles wrongful death cases can explain your state’s statute of limitations and help you determine how much time you have to pursue legal action. They make sure you meet all applicable deadlines so that your family does not lose their right to financial recovery.
Represent You During Trial
Your wrongful death lawyer will demand that the liable party or insurance provider compensate for every damage you suffered due to the fatality. If your attorney and insurance adjuster cannot come to a resolution, a wrongful death lawyer can file a lawsuit and represent your case during trial.
How Wrongful Death Attorneys Build a Strong Claim
Wrongful death is the result of negligence. Therefore, in order to secure compensation, your lawyer must prove how the liable party acted negligently. Your wrongful death attorney can do this by establishing:
- The defendant owed the victim a duty of care
- The defendant acted negligently to violate their duty of care
- The breach of duty resulted in wrongful death
- The plaintiff sustained actual damages due to the fatality
To establish liability, a legal professional will need to collect evidence that shows how the at-fault party breached their duty of care to cause the death. For example, a lawyer may use medical reports, accident reconstruction blueprints, police reports, or photographs to demonstrate how the defendant’s actions resulted in your loved one’s untimely death.
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Let Our Wrongful Death Lawyers Seek Justice for Your Case
If you are looking for a qualified wrongful death attorney to handle your case, we are the New York law firm to trust. At Dansker & Aspromonte Associates, we have helped clients secure millions in successful wrongful death verdicts.
Our wrongful death attorneys are dedicated to collecting the maximum compensation our clients are owed. Contact us now to learn more or schedule a free consultation with one of our knowledgeable wrongful death lawyers.