Do you think you might need to hire a wrongful death lawyer but don’t know at what point you should hire? Learn more here.
Dealing with the death of a loved one is distressing enough when the cause is old age or illness. What about when the death is untimely and results from negligent action of another party? The experience becomes emotionally and mentally taxing, not forgetting the financial burdensome.
Do you know more than 173,000 accidental deaths were recorded in the US in 2019? Wrongful deaths are traumatizing, whether due to car accidents, medical malpractice, work-related, or residential liability. So, what do you do when in such tribulations?
If the death of a loved one resulted from the reckless actions of another party, then you can sue for the damages. If you contemplate taking legal action against the at-fault party, a wrongful death lawyer is invaluable.
While you are entitled to compensation in a wrongful death lawsuit, getting it is not duck soup. It would help if you dealt with a highly skilled attorney to guide you through.
What is wrongful death? Who is a wrongful death attorney? When and why do you need one?
Continue reading to get answers to all these questions and more.
So, what is wrongful death? It is a deliberate or accidental killing of a person resulting from another party’s misconduct, negligence, or recklessness.
In such a case, the deceased descendants or the decedent estate beneficiaries can seek a legal remedy by filing a wrongful death claim. While a lawsuit can’t bring back your loved one, the party at fault is held responsible for their actions; it gives closure and financial compensation.
If the decedent was the breadwinner, their death could place a heavy financial burden on the surviving members of the family.
Through the lawsuit, the beneficiaries can claim for the damages and suffering caused by the death of their loved one in terms of financial compensation. The damages might include emotional suffering, medical bills, present and future earnings, children’s loss of guidance, deceased earnings, love and companionship, and even burial expenses.
While filing for a lawsuit of this nature, a wrongful death attorney is indispensable.
Now you know what a wrongful death is, don’t you? So, why do you need a wrongful death attorney?
Why Work With a Wrongful Death Attorney?
Let’s face it- no legal matter is a child’s play. If you have dealt with any legal matter before, you already understand this. If you haven’t, well, always work with the best attorneys.
Here are reasons to hire the best wrongful death attorney.
A wrongful death lawsuit will be a complicated case that you can’t navigate on your own. Keep in mind this is a traumatizing moment when you are still healing from the death of your loved one. With a trusted wrongful death lawyer on your side, you have peace of mind knowing the process is well handled.
A highly skilled attorney has been in practice for a long time and understands wrongful death claims’ complexity. Working with them will not only deliver you substantial compensation, but you also get the deserved justice.
This attorney will perform an independent and thorough investigation of your claim. Also, they conduct legal research and even facilitate insurance negotiations on your behalf.
Dealing With Insurance Company
Are you aware that an insurance company will be involved in your settlement? You might want to contact a wrongful death attorney before filing your claim. You don’t want to fall into the insurance traps and pitfalls, do you?
These attorneys are adept at tactically and strategically negotiating and proving your case.
In addition, insurance companies are known to be stubborn when it comes to reimbursements. Without the right attorney, you are bound to lose in the fight.
While working on your own, insurance companies can take advantage of you. The insurance adjusters can have you say something or make a statement that will affect your compensation.
The attorney will represent your best interests during the settlement. They will provide evidence, negotiate, reconstruct the accident scene, estimate the claim value, and even find witnesses on your behalf.
They Understand the Legal Context
Do you know there are some limitations to filing a wrongful death claim? Yes, not everybody can file a lawsuit. You need a professional wrongful death attorney to understand this and other laws relating to wrongful death in your state.
While you need an attorney in the wrongful death attorney, be aware that you don’t just need any attorney. Hiring the wrong attorney for your case will only exacerbate your predicaments.
Before deciding on the attorney to pick, carry out detailed research beforehand to get to know them more. Check on their reputation, experience, and reviews from past clients.
When to Search for a Wrongful Death Lawyer
When you take legal action against a company, person, or any other entity alleging wrongful death, this will be a civil case and not a criminal case. There are certain situations where the defendant can be tried in a criminal court.
In this civil trial, you are not seeking incarceration but compensation and peace of mind.
So, what are the situations where you might need to hire a wrongful death attorney?
When the Deceased Was a Victim of Homicide
Believe it or not, homicide can be considered a type of wrongful death.
If your loved one was murdered, you might want to file for a wrongful death case. This is irrespective of whether the party at fault was convicted or acquitted. By filing for a claim, you can get financial compensation in a homicide case.
This means you will need a wrongful death attorney to guide you through. A skilled and reputable attorney will advise about the nature of this type of lawsuit. Also, having dealt with a similar homicide case, the attorney clearly understands the dos and don’ts.
They can easily circumnavigate the situation and guide you through it.
To get substantial compensation after the murder of your loved one, find a trusted wrongful death lawyer.
In a Vehicle Accident
Did your loved one die as a result of a car accident? Was the accident a result of the negligent actions of another party? If so, consider hiring a wrongful death attorney as soon as possible.
Whether it was a truck, car, or motorcycle accident, you can take legal action. Most of these accidents result due to reckless or negligent driving. If someone else was culpable, consider suing them for the death of your loved one.
Do you know the party at fault in a car accident doesn’t have to be a driver? Yes, it could be the highway department, vehicle manufacturer, or even a company victim worked for. In all these situations, you need to consult with your lawyer.
Also, keep in mind with vehicle accidents, the insurance will pay for the damages. As stated, you don’t want to deal with insurance adjusters. They represent their company’s interests, which is paying victims as little as possible or even not paying them at all.
However, armed with a reputable attorney, you don’t have to worry about them. With matching skills, your attorney will be able to negotiate a fair settlement. If no agreement is reached, they may advise you to file a lawsuit and represent you during the trial.
Suppose your loved one died in an auto accident that you think was caused by negligence; contact the best attorney to know the next step.
If your loved one survived and only sustained injuries in the accident, contact a car accident attorney.
The Victim Died Due to Medical Malpractice
Do you know more than 250,000 people die in the US annually due to medical errors? Do you think the doctor failed to offer necessary care to the decedent in circumstances where another doctor would have done better?
In that case, you may have grounds for a wrongful death suit. To pursue the lawsuit, you need an attorney at your side.
Whether the death resulted from misdiagnosis, surgery error, treatment error, or failure to identify an illness earlier, you are entitled to file for the malpractice.
When filing for a medical malpractice attorney, the party at fault will also have a defense attorney to prove that your compensation claims are baseless. In countering this, it’s crucial to have the right attorney who has handled a wrongful death claim involving medical malpractice.
In such a case, it’s crucial to ask what are the medical standards guiding the practitioner and if they adhered to or deviated from the standards. In proving such a case, expert witnesses are required, and it’s challenging to pull all this on your own. The case becomes more complicated when the decedent is injured or ill.
Find a good lawyer who will assess your case facts and tell you whether you have the right grounds to file for a suit.
The Victim Died in a Workplace Accident
More than 5,000 people died from work-related injuries in the US in 2019. If your parent, spouse, or child was killed while on the job, you have grounds for a wrongful death suit. Also, if the victim died of injuries sustained at work, you might want to file a lawsuit.
When it comes to workplace death, keep in mind that not every case is caused by negligence. Some professions are known to be riskier than others. These include construction, farming, factory work, and law enforcement.
This means you will need an attorney to help you prove the case.
Negligence in the workplace varies. It could be because the supervisor failed to provide safe equipment or faulty machinery was used, leading to the death
In this case, you might find the party at fault shifting the blame to the victim. Their defense attorneys are working hard to prove that the party is not culpable at all. So, how can you deal with this?
You need to find the best worker’s compensation attorney around. Ensure the attorney has been around for a long time specializing in this legal area when making your choice.
Pharmaceutical Drug Error
If your loved one died due to undisclosed harmful side effects of a medication, then you may be entitled to worker’s compensation.
The case even becomes stronger if someone else died for similar results earlier, but the company failed to disclose such interactions. But how can you prove that the drug actually caused the death of your loved one?
In such situations, hiring the best attorney is crucial to justify the death of your loved one resulted from the drug. An attorney knows the best practice and has probably dealt with pharmaceutical companies before. This means you can expect to get justice for your loved one.
Other Negligence Leading To Wrongful Death
Wrongful death is not limited to the above causes. Multiple reasons can imply negligence on the part of the government, businesses, landlords, store owners, or even service providers.
If you feel your loved one was a wrongful death victim, consult a reputable attorney handling wrongful death cases. The attorney will be resourceful in giving you an accurate verdict of whether to proceed with the lawsuit suit or not.
Hire a Reputable Wrongful Death Attorney Today
Losing a loved one due to the negligent behavior of another party is a life-changing and debilitating experience. If you decide to take legal action, the right attorney is key.
Listed above are some of the situations when you may need to hire a wrongful death lawyer.
Are you looking for a reputable wrongful death attorney in Georgia? Wells and McElwee has got you covered. No matter how big or small your wrongful death, personal injury, or workers’ compensation case is, our decades of experience will help us deliver the deserved justice and compensation.
Contact us today for a free consultation.