The loss of a loved one can be devastating, especially if their death was the result of another person’s negligence or wrongdoing. Seeking justice and financial compensation can help surviving family members recover from their losses.
Kevin A. Adamson, P.C. wrongful death attorney will conduct thorough investigations, engage in settlement negotiations, and represent clients in court. They also understand the importance of navigating statutes of limitations to maximize their client’s chances of success.
Find An Attorney
Losing a loved one is always traumatic, but it can be especially so when they die due to someone else’s negligent behavior. In such cases, family members may be entitled to compensation for their loss. However, the process of pursuing wrongful death claims is complex and requires experienced legal representation.
When choosing a lawyer to represent you in a wrongful death case, it is important to look for an attorney with a proven track record of success and extensive experience handling this type of claim. You should also review an attorney’s qualifications to ensure they are well-suited to the specifics of your case.
Start by doing your research online to find attorneys in your area. Once you have compiled a list of potential attorneys, check their credentials and past case results. You should also ask about their fee structure. Many wrongful death lawyers work on a contingency fee basis, meaning they only get paid if they win your case. This is an excellent way to avoid high legal fees at a time when you are already struggling emotionally and financially.
Wrongful death attorneys are experts at deconstructing accidents and finding the reasons behind them. They can help you understand how a surgery mishap or car accident could have been prevented, and they can help you determine who is responsible for your loved one’s death.
When searching for a qualified wrongful death lawyer, make sure you choose an attorney who has extensive trial experience. This is a crucial step in winning fair compensation for your losses. If your attorney does not have a history of taking wrongful death cases to trial, they may try to settle as quickly as possible without going to court.
Conduct A Comprehensive Investigation
When a loved one dies due to another person or entity’s negligence, you need strong evidence to win a successful claim. An experienced wrongful death lawyer can guide you through the process of collecting and presenting all available evidence to establish causation, negligence, and damages.
To prove a claim, your attorney should review and analyze the medical records of the deceased to identify any injuries that may have led to their death. A private autopsy can also be useful in establishing the cause of death. In some cases, expert witnesses can provide specialized knowledge and analysis. Experts in accident reconstruction, injury medicine, and rehabilitation, or industry experts can help establish liability. Physical evidence can also be important, including surveillance footage of the incident.
An investigation should be thorough, with clear and understandable written documentation. The report should be organized in a way that anyone can read it with little to no jargon or references to other materials. This report will form the basis of your case.
You must show that the defendant owed your loved one a duty of care and acted negligently or wrongfully to directly cause their death. This could include a doctor who fails to treat a patient properly or a driver who runs a red light and causes an accident that kills a child. In criminal cases, the standard of proof is higher, requiring that you prove your case beyond a reasonable doubt. In civil court, however, you must prove your case by a preponderance of the evidence. The burden of proof is lower in civil cases, which may make it easier to win your claim.
Gather Evidence
The death of a loved one is always difficult, but when that person was killed due to another person’s reckless or negligent actions, it can be devastating. If your loved one suffered wrongful death, you may be able to receive compensation from the responsible party or entity. However, your lawyer needs strong evidence to prove liability and quantify the damages you and your family deserve.
Police reports, witness statements, autopsy results, and other records can provide critical details of what happened to your loved one. These documents can help your attorney establish negligence and demonstrate that the defendant breached their duty of care. Your attorney will also need to show that the breach directly caused the wrongful death, which requires evidence of causation.
Expert witnesses can also be crucial in wrongful death cases. These individuals have specialized knowledge and expertise that can support the plaintiff’s claims. For example, medical experts can explain complex procedures and identify deviations from the standard of care that lead to wrongful death. In an accident case, an expert can recreate the incident and demonstrate that the defendant’s negligence was a direct cause of your loved one’s death.
A wrongful death claim must include both economic and non-economic damages. Economic damages are compensatory and can cover a variety of costs, including funeral expenses, loss of income or benefits, and the monetary value of household services performed by your deceased loved one. Noneconomic damages, which are intended to address intangible losses, can be challenging to quantify. These include the loss of companionship and love, emotional distress, and mental anguish. Your attorney may also seek punitive or exemplary damages to punish the defendant and deter similar behavior in the future.
Understand The Statutes Of Limitations
Wrongful death cases require careful attention to filing deadlines, ensuring that families’ claims are properly filed before the applicable statutes of limitations expire. A qualified wrongful death attorney can ensure that all legal deadlines are met, protecting a family’s right to justice.
All states have statutes of limitations laws that dictate how long eligible parties can file a claim against at-fault parties. Missing a deadline can render a case inadmissible, meaning that a claimant cannot pursue financial compensation for their losses.
The statutes of limitation are designed to balance the rights of grieving families against the interests of potential at-fault defendants, preventing unnecessary delay in legal proceedings and giving all parties a reasonable opportunity to present their case.
A wrongful death lawyer can provide a thorough understanding of the specific laws in place in a given state and how they may affect a particular case. Additionally, a seasoned attorney can identify exceptional circumstances that could warrant extending the statutes of limitations.
For example, a person may have died from a medical condition that they did not discover until after the statutes of limitations had expired. In these situations, a lawyer can advocate for a tolling of the statutes of limitations and argue that a person had reasonable cause to believe that their loved one’s death was caused by the negligent conduct of another party.
A wrongful death attorney can help families collect and organize documents, physical evidence, expert testimony, and other factors that are necessary for a successful wrongful death case. They can also assist in negotiating with insurance companies, who are often the primary opponents in these cases. An experienced wrongful death attorney will work tirelessly to protect the rights and interests of their clients.
Schedule A Consultation
The loss of a loved one is always painful and heartbreaking, but it becomes even more so when the death is avoidable. Holding the responsible parties accountable can provide surviving family members with solace and financial security.
A wrongful death lawsuit is often complicated, and the role of an attorney is crucial to a successful outcome. During a free consultation, a wrongful death lawyer will listen to the details of your case and provide legal advice about how to proceed.
An attorney will also help you gather evidence to support your compensation claim. This can include things like pay stubs, tax records, receipts for medical bills and funeral expenses, and other relevant documents. Credible witness testimony is important as well, and your attorney will identify potential witnesses and reach out to them for interviews.
Once your lawyer has a full understanding of the case, they can file a wrongful death claim on your behalf against all parties responsible for your loved one’s death. This will outline the events that led to your loved one’s death and will include a request for monetary compensation for the loss you have suffered.
While no amount of money can replace your lost loved one, the monetary award you receive can help offset funeral expenses and other ongoing costs. It can also serve as a means of justice, as it sends the message that the negligence and misconduct of another party will not be tolerated by the courts. This can help deter others from acting negligently or recklessly and can prevent future tragedies from occurring. For more information about filing a wrongful death lawsuit, schedule a free consultation with a wrongful death lawyer today.