You may never get over the sudden death of a loved one in a wrongful death case. Although you know that no amount of compensation can bring them back, you at least want justice. Getting justice in a wrongful death case is never easy, as the liable parties will put up a fight.
In these cases, you may be up against industry giants, influential individuals, or insurance companies with unlimited resources. Thus, your best chance of getting the compensation or court verdict your family deserves is hiring a death lawyer.
A death lawyer (or wrongful death lawyer), victims and their surviving families get justice for the loss of their loved one. To achieve this goal, they have to prove that the defendant is liable for wrongful death.
Wrongful death occurs when an individual, group, or entity with a duty of care toward an individual or group impacts their demise intentionally or through negligence. The liable entity could be a driver, employer, or recreational center, provided they are in the position to guarantee the victim’s safety but failed.
Despite the challenges, a lawyer can help make the process as stress-free and comforting as possible. It’s time you learned exactly how a death lawyer can help families seek justice after losing their loved one.
1. Thoroughly Investigate the Case
Wrongful death cases can be tricky to navigate as various factors may contribute to the incident. Although the defendant or suspect may be culpable, the victim may also cause their demise.
For instance, if the victim worked at a construction site, failing to adhere to safety instructions may have caused their death. In that case, the lawyer may not be able to prove wrongful death. For that reason, the death lawyer must thoroughly investigate the situation before establishing the guilty party.
Furthermore, while carefully investigating a wrongful death case, a death lawyer must remain time-conscious due to limitation statutes. For instance, in the state of Valdosta, the general statute of limitations for filing wrongful deaths is two years. Thus, an experienced Valdosta wrongful death lawyer can help you complete a thorough investigation within this period to avoid case dismissal.
2. Consult Experts
While investigating the case, the lawyer must get information on the circumstances surrounding the death. They may need eyewitnesses, video evidence, first responders, and coroner’s reports. These pieces of information can help determine the facts of the case.
To accomplish this feat, they must work with experts in various fields. For instance, police officers and medical examiners may disclose autopsy information to further investigations.
3. Prove Liability
After getting the evidence required to establish a case, the lawyer must prove liability to the defendant. First, they must establish that the death was not self-inflicted by the victim. Then, they will prove the case to be wrongful death. This implies that an individual or group tasked with a duty of care toward the victim failed in their responsibility.
Proving liability in wrongful death can be complex. The lawyer must show the type of duty to care, how the duty breach occurred, the cause of the breach, and the damages it caused. Once the lawyer establishes the responsible parties, they know who to sue and what kind of compensation to demand.
4. Brief Grieving Family on Wrongful Death Laws
As the lawyer continues to gather facts of the case, they also make time to consult with the families of the deceased. During the consultation, they brief the family on wrongful death laws and what they entail. They do this to help the families have realistic expectations and some comfort.
For instance, they explain the process of a typical wrongful death case, including the likelihood of going to court. They will also explain compensation approaches and what to expect if the settlement offer doesn’t match their demands. These details will inform them of the procedure to avoid compromising the case.
5. File Lawsuit
When the lawyer finally gathers enough evidence to prove liability, they file a lawsuit for the family. This is where they work with their legal team to prepare documents for the case.
Upon preparing the documents, they submit the required documents to the court clerk and pay the required fees. At this stage, the lawyer officially involves the court in resolving the issue. The death lawyer will follow due process to inform the defendant of the lawsuit.
6. Determine Compensation
Wrongful death cases typically call for compensation and death lawyers ensure they determine the cost. They calculate the cost in terms of economic and non-economic damages.
Economic damages such as funeral costs, loss of salaries, and benefits costs are easy to estimate. Meanwhile, non-economic damages like family grief and loss of companionship can be tricky to determine.
Death lawyers also specialize in liaising with insurance companies upon the victim’s death. This can be tricky as insurance companies typically look for ways to underpay or outrightly deny compensation. A death lawyer ensures that they hold the insurance companies liable and get the rightful compensation in full.
7. Courtroom Representation
If the case goes to trial, the death lawyer helps families in grief by representing them in court. This is usually the last resort if both parties cannot agree to a settlement. Death lawyers know the process of this case successfully, from selecting the right jury members to making opening and closing statements.
Before the court date, they source key witnesses for testimonies and get supporting documents for their argument in court. Before going to court, they prepare their star witnesses and the grieving family members for questioning. They aim to convince the judge or jury of their right to justice.
8. Legal Advice and Conflict Resolution
Death lawyers do more than brief the family on wrongful death laws. They also provide support in various ways, especially in conflict resolution within the family. From experience, death lawyers understand that the interests of certain family members may differ from the rest.
For example, while some family members may want to go to court, others may prefer a settlement. These disagreements may complicate the case. Thus, the lawyer steps in to mediate to enable them to focus on getting justice collectively.
Besides conflict resolution, a wrongful death lawyer offers strategic advice. They understand how the opposing side may intimidate, coerce, or manipulate the family. Tampering with the opposing side is illegal and the consequences can be severe. Thus, lawyers advise their clients to refuse contact with the opposition or media and press charges where necessary.
Takeaway
The odds are usually against the family of a victim in a wrongful death case, especially against a powerful defendant. Thus, a wrongful death attorney is your best chance of getting the verdict you deserve. They provide support and advice to families through investigating, getting fair compensation, and courtroom representation.
These contributions cannot be taken lightly, considering the resources and influence of the opposition. Not only can their contribution help your family find closure, but it can also stop others from experiencing the same tragedy.
So, if you or your family suspect foul play in the death of a loved one, contact a death lawyer near you immediately.
