Wrongful Death Lawyer
If you have recently lost a loved one under questionable circumstances, you may be wondering if you have any recourse. In some states, you are allowed to pursue a wrongful death claim against a party whose actions or behavior led to the death of a loved one due to negligence or misconduct. You can seek justice. Speaking with a wrongful death lawyer can help you determine if you have a case. A lawyer is trained to examine the evidence and understands whether your case will have legal standing. Common causes of wrongful death include car accidents, slip and fall injuries, medical malpractice, negligence in a nursing home, product malfunction, and crimes such as assault or murder.
A wrongful death suit is tried as a civil case rather than criminal although the responsible party might be facing criminal charges as well. In civil court, a lawyer just needs to successfully demonstrate that there is a strong correlation between their actions and the resulting death of a person rather than proving guilt beyond a reasonable doubt. With that said, a wrongful death suit is a process, which is why hiring a lawyer can be very helpful. A lawyer is experienced in gathering the necessary evidence, interviewing witnesses, retaining the services of expert witnesses, reviewing the tort law, and developing a case plan. They might collect evidence such as criminal reports, police reports, medical files, photos or video footage, insurance reports, and other sources to support your case. Once a plan is made, your case might go to mediation or arbitration first. If you and the other party cannot come to an agreement, then the case will go before a judge.
Once in court your lawyer will first need to prove that the other party caused the death. They will then need to demonstrate that the plaintiff had an obligation to your loved ones. For instance, a doctor is obligated to provide a standard of medical care for their patient or an employer has a responsibility to create a safe workspace for their employee. Next, your lawyer will need to provide evidence that the plaintiff’s actions were negligent. Finally, they must establish why the compensation you are seeking is warranted. A lawyer will use their experience to help you determine what compensation you and your loved ones have lost as a result of the death. This figure will be based on factors like the lost salary of the deceased and emotional damages.
