You could file for a wrongful death claim if someone you cared about died as the result of an avoidable accident that was avoidable. Suing for wrongful death allows your family to recoup financial damages caused by the accidental death of someone close to them and holds those at fault accountable.
Our lawyers will stand beside them throughout their emotional journey towards recovery.
Every case involving a wrongful death claim follows similar processes and steps; both workers and their loved ones must understand its fundamental components before initiating any kind of suit against another party.
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Investigation of Wrongful Death Cases
Consulting an attorney experienced in both personal injury and wrongful deaths is the initial step in investigating any possible cases. Once accepted as your client, they’ll immediately start conducting the necessary investigation on your behalf.
An effective investigation should include conducting independent interviews with witnesses, reviewing any video or photographic evidence available, reviewing police reports as well as speaking to first responders at the scene; as well as consulting company incident reports for full consideration.
Our team of attorneys will conduct a complete and in-depth investigation into any accident in which they were involved, taking into consideration all contributing factors and causes for it.
Liability Is at the Center of Wrongful Death Cases
Establishing liability in any personal injury or wrongful death suit lies at its heart, whether that means personal injuries to yourself, another, or their deaths due to negligent parties is necessary to establish liability in these types of claims. You will either need to demonstrate that whoever caused an accident met legal criteria of negligence; or determine that actions or lack of oversight by another contributed directly or indirectly to this fatal incident.
Once Your Attorney for Wrongful Deaths Has Determined That You Have a Claim
Once it has been determined that wrongful death is your legal cause, they will send a Demand letter (also known as a Letter of Demand or Demand note) directly to the other side and their counsel to ask for payment from them. These formal letters provide evidence against wrongdoers while simultaneously seeking justice on your behalf.
Insurance companies typically settle wrongful death claim through payouts through settlement funds. Insurance companies often present lower settlement offers when accepting claims; your lawyer will act on your behalf with them to negotiate on your behalf and represent your interests effectively as an experienced litigator. Within any wrongful death claim lies certain considerations; they need not all be present.
After losing someone close, filing a lawsuit may feel overwhelming; however, it’s your right to seek compensation for their losses.
Losses to consider include medical costs related to an individual before their death, funeral costs, and lost wages due to time away from work due to absence due to injury. Financial compensation also recognizes the emotional trauma, pain, and suffering endured by you and your family members.
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Understanding Who Can File for Wrongful Death
Everyone involved in an accident cannot file a suit for wrongful death; state laws differ when it comes to who can receive compensation after such accidents; generally, though, compensation for these types of claims is usually only eligible to:
- Domestic partner/spouse
- Adopted and biological children
- Parents (biological and adoptive)
- siblings, and family members
In some states can retain an injury lawyer and file their suit; in others, only the personal representative can file claims of wrongful death.
Summing Up!
Hiring legal representation can ensure the maximum settlement in any wrongful death lawsuit.
Your lawyer can assist by helping gather as much documentation as possible – this might include medical invoices or receipts received before death and financial records that show how your loved one contributed financially towards supporting your family.
Set your social media accounts to private and limit sharing personal information online; the other side could use this data to argue that you and your family aren’t experiencing financial hardship from the accident.
Tenina Law can assist in filing a wrongful death claim. Wrongful death actions allow the family and beneficiaries of those killed due to someone else’s negligence or intentional acts to seek damages against those responsible.
If a loved one of yours was killed in an avoidable and tragic accident, our experienced personal injury and wrongful death attorneys can help your family receive the financial compensation that they rightly deserve.
Call now for a complimentary free evaluation of your case.
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