If you’ve suffered the horrible loss of a loved one due to another’s negligence, you’re likely feeling overwhelmed with grief and anger. You want justice against those responsible for your suffering. Initiating legal action through a wrongful death suit facilitates obtaining it.
The following is a look at the family members who can file a suit and why you need a wrongful death attorney to achieve a positive outcome in your case.
Determining Who Can Take Action
More than 200,000 people, on average, in the United States die in accidents yearly. In most of these instances, someone’s carelessness plays a significant role. The surviving family members often file wrongful death suits to hold those responsible for the accident accountable for their negligence.
In some states, the family members of the deceased must appoint a personal representative to file a wrongful death suit. While in other states, family members themselves can take legal action. However, they must do so within three months of the death. If they don’t, the court will appoint a representative.
In most cases, the court will establish a hierarchy of family members when determining the order regarding what members can file a lawsuit. The following is a look at the hierarchy most states follow.
The Spouse
The surviving spouse, whether legally married or in a common-law marriage recognized under state law, holds the primary right to file a wrongful death claim.
A state may recognize common-law marriage if criteria are met, including living together as a couple, representing oneself as married, and consenting to the marriage even if no official ceremony occurred.
The spouse can pursue compensation for various losses, including the loss of companionship and the deceased’s financial support. The spouse can also seek compensation for the emotional toll the loss has taken.
Children
If there is no surviving spouse, the children of the deceased can file a wrongful death claim. They can do this whether they are the deceased’s biological or adopted children.
Children can file a wrongful death suit to seek compensation for the emotional and psychological impact of losing a parent. If they aren’t financially independent, they can also seek money for the loss of support.
Parents
The parents of the deceased can file a wrongful death suit if there is no surviving spouse and no children. They can do this even if divorced since the court recognizes the enduring emotional ties between parents and their children.
Parents can pursue compensation for the loss of companionship, financial support the child may have provided, and emotional distress.
Other Family Members or a Personal Representative
If there is no surviving spouse or surviving children or parents, the court may appoint someone else to take legal action.
As mentioned earlier, in a state, the court will name a family representative of the state. This person can be the executor of the deceased’s will, another relative, a family friend, or someone else.
The representative will act on behalf of the estate and surviving family members. They can initiate legal proceedings, negotiate settlements, and distribute awarded damages according to the deceased’s wishes. The representative can disburse funds by applicable state laws if the deceased didn’t have a will.
Navigating Complex Family Structures
Family structures can be complex, especially in blended families, multiple marriages, or varying degrees of familial relationships. Legal representation is crucial to navigate these complexities and ensure that the right individuals step forward to seek justice for the loss of a loved one.
Open communication among potential claimants is essential to avoid conflicts and ensure that legal actions align with the preferences and wishes of all eligible parties. Legal professionals play a vital role in helping with communication and collaboration.
Understanding the hierarchy of eligible parties is crucial for families trying to navigate the aftermath of a wrongful death. Seeking the help of an attorney early in the process helps ensure that the right people step forward. This can prevent potential disputes, ensuring everyone is unified when seeking justice.
The Need for an Experienced Attorney in a Wrongful Death Suit
Navigating the complexities of a wrongful death case requires more than just legal experience. It demands a deep understanding of the emotional toll on grieving families. Hiring an attorney with extensive experience in handling wrongful death cases is essential. Here’s a closer look at why that’s the case.
Compassionate Guidance
An experienced attorney will provide knowledge and support in understanding the unique emotional challenges grieving families face. They offer compassionate guidance, helping families deal with the complicated legal aspects of a wrongful death suit while respecting the sensitivity of their situation.
You will want this level of empathy and support during a challenging period where emotions are high, and families need reassurance.
Legal Experience
The typical wrongful death suit involves nuanced statutes, procedural intricacies, and potential legal challenges. Attorneys well-versed in this area of law bring a wealth of experience and an in-depth understanding of the legal procedures. This experience allows them to explore every legal avenue available for the benefit of the grieving family, pursuing justice thoroughly and effectively.
Investigative Skills
One of the key roles of an experienced attorney is to conduct a comprehensive investigation into the circumstances surrounding the wrongful death. Skilled attorneys have the knowledge and resources to delve into the specifics of the incident, analyze evidence meticulously, and consult with a network of professionals.
From accident reconstruction specialists to medical professionals, these attorneys leverage their investigative skills to build compelling cases that withstand legal scrutiny.
Negotiation Skill
The insurance companies covering the parties that contributed to the accident that robbed you of your loved one will make it challenging to obtain the compensation you deserve. But insurers don’t want to risk going to trial, which is a significant reason why about 95 percent of lawsuits stemming from an accident settle.
Experienced attorneys utilize significant negotiation skills, ensuring they don’t pressure grieving families into accepting inadequate settlements. They know how to handle complicated negotiations, always to secure a fair and just compensation that reflects the true extent of the family’s losses.
Trial Preparedness
While settlements resolve many wrongful death cases, you need an attorney prepared to go to trial if necessary. This level of preparedness sends a powerful message to insurance companies and opposing parties that the family is willing to pursue legal action if negotiations fail to resolve the case fairly.
An experienced lawyer will be ready to take the case to court, equipped with the skills and resources to present a compelling case before a judge and jury.
Your Attorney’s Investigation
Even if you’re sure who is to blame for the accident that led to your family’s tragedy, you’ll need proof to obtain compensation. Your attorney must investigate the accident to gather critical evidence to give your wrongful death suit credibility. These are some of the steps your lawyer will take to get that evidence.
Analyze the Incident
The attorney will conduct a detailed examination of the circumstances leading to the death. This involves a comprehensive review of accident reports, witness statements, and any available evidence. By clearly understanding the events, the attorney can identify potential areas of negligence or wrongful acts that contributed to the tragic outcome.
Consult with Professionals
In some cases, a wrongful death lawyer will call upon specialists to provide deeper insights regarding the cause of an accident. These specialists often include skilled accident reconstructionists and medical professionals. They provide an objective analysis that strengthens the overall case. Their insights can be pivotal in establishing a solid foundation for the legal argument.
Gather Evidence
A critical aspect of the attorney’s role is to collect and preserve evidence relevant to the case. This includes obtaining photos, videos, medical records, and other documents that can contribute to building a compelling narrative. By taking a meticulous approach, your lawyer can ensure the court considers every detail supporting your case, leaving no room for confusion or ambiguity.
Interview Witnesses
Witness testimony adds a human perspective to the case, providing firsthand accounts of the events leading to the death. Experienced attorneys conduct thorough interviews with witnesses, ensuring their statements align with the facts. Witness testimony can be a powerful ally in your wrongful death suit.
Evaluate Police Reports
Your attorney will also scrutinize official reports from law enforcement agencies for accuracy and additional insights. Detecting errors or biases in police reports is crucial for building a reliable case. Attorneys carefully evaluate these reports to ensure the facts align with the evidence collected through their investigation.
Negotiating With Insurers
As mentioned earlier, the insurance company covering the at-fault party (or parties) will do all they can to reduce or deny your compensation. It might be best to have an attorney who can effectively fight for your rights against such formidable opposition.
These are just a few of the components of a successful negotiation.
Promptly Notifying Insurance Companies
In the aftermath of a tragic incident, communicating quickly with the relevant insurance companies is crucial. Seasoned attorneys understand the importance of promptly notifying insurers about the incident to initiate the claims process.
This proactive step involves providing comprehensive details, such as evidence of liability, accident reports, and other pertinent information.
By promptly submitting all necessary documentation, attorneys lay the groundwork for a smooth claims process, setting the stage for effective negotiations.
Strategic Legal Representation
During negotiations, having a skilled attorney by your side will be essential to your chances of obtaining fair compensation. Your wrongful death lawyer will leverage their experience to navigate the intricacies of the negotiation process.
Skilled legal representatives have a profound understanding of the case and the losses incurred by the affected family. They work diligently to protect the family’s interests, preventing any attempts by the opposing insurance company to exploit vulnerabilities.
This strategic representation can achieve a fair and just settlement that accurately reflects the extent of your family’s hardships.
Thorough Calculation of Damages
Determining the full scope of damages is a meticulous task that requires legal experience. Your lawyer will delve into the details, calculating damages with precision. This comprehensive approach considers various factors, including medical expenses, funeral costs, lost income, and compensation for the emotional toll on the family.
By leaving no aspect of the family’s losses overlooked, attorneys build a solid foundation for negotiations. This thorough calculation strengthens your position and acknowledges every aspect of your suffering during negotiations.
Protecting Your Rights at Every Turn
A seasoned lawyer will passionately defend your family’s rights and interests, presenting a compelling case for the compensation you deserve. Through skillful negotiation tactics, your attorney will use the facts to secure a settlement that accurately reflects the profound losses suffered by your family.
The best wrongful death lawyers can skillfully persuade the opposition to do what’s right and resolve the case fairly. Their unwavering commitment to their client’s best interests is a cornerstone of their legal advocacy, ensuring a thorough and dedicated pursuit of justice for the grieving family.
Please Get in Touch With a Wrongful Death Lawyer Immediately
There have, unfortunately, been far too many instances where family members chose not to hire an attorney when filing wrongful death suits. In almost every case, they cannot obtain fair compensation. The opposition used their high-priced lawyers and other professionals to deny families the money they had coming.
Insurers, recognizing the absence of legal representation for family members, may employ sophisticated tactics to pressure or trick them into accepting settlements that fall significantly short of adequately covering their losses.
Securing the guidance of a knowledgeable personal injury attorney is essential to counteract these tactics, ensuring that the grieving family is protected and represented with diligence throughout the legal process.
Don’t let this happen to you. If you don’t get a lawyer, it’s tough to win. Hire an attorney to fight for the justice you deserve. They know how to navigate the legal stuff and treat you fairly. You need a wrongful death lawyer on your side who will work hard for you.
