What Does a Wrongful Death Lawyer Do?
A wrongful death lawyer helps families of deceased individuals killed in an accident or through negligence. They investigate the circumstances surrounding the incident and determine whether or not the defendant should be held accountable.
Proving liability in a wrongful death case usually involves three elements. First, the plaintiff must show that the defendant owed her a duty of care. Next, they must prove that the defendant breached this duty and that their violation led to the death of the person suing them.
When a loved one dies, surviving family members face complex legal and financial issues. These include funeral and burial expenses, medical bills left behind from the deceased’s end-of-life care, and loss of the financial support their loved one provided for the household.
A wrongful death attorney can assist you, and your family in preparing to file a lawsuit against the person or entity responsible for your loved one’s death. They can file a suit, negotiate settlements, and represent you during court proceedings. In addition, you can visit website of a reputable law firm to help you prepare for the court proceeding.
To win the lawsuit, you have to show that the defendant was negligent and caused the death of your loved one. You must also demonstrate that your damages were proximately caused by their misconduct.
A wrongful death lawyer can help you recover compensation for the losses caused by your loved one’s death. It may include the financial support you lost, medical costs, funeral expenses, and loss of companionship.
A wrongful death lawyer can also seek punitive damages against the at-fault party. It will increase the amount of money awarded to the victim’s estate.
In addition, a wrongful death attorney can help you prove that the at-fault party was negligent and responsible for your loved one’s death. These lawyers are highly knowledgeable about the various types of negligence cases and how to prove them adequately.
A wrongful death attorney will work with you to ensure you receive the total and fair compensation you deserve. They will guide you through every step, from filing your lawsuit to negotiating with insurance companies. Their expertise will save you time, money, and stress.
Statute of Limitations
Each state has a statute of limitations that governs the time you have to launch a case. These laws vary by state and case type, but they are meant to be fair to both the victim and the defendant.
In wrongful death cases, the family members or estate representatives generally have two years from the victim’s death to file a lawsuit for compensation. However, certain exceptions may extend this limit.
For example, if the cause of death was medical malpractice or negligence, that could extend the period by up to three years.
The discovery rule, which pauses the clock until the plaintiff discovers what caused their loved one’s death, is also included in the wrongful death statute of limitations. This rule can be beneficial in cases where a person dies of poisoning or toxic exposure that wasn’t immediately obvious to them.
Expert witnesses can provide invaluable testimony and evidence to help prove the defendant’s liability for wrongful death. They are also crucial to recovering damages from the defendant.
In addition to economic losses, such as lost wages and medical bills, a wrongful death claim can recover noneconomic damages, such as the loss of companionship, care, affection, support, and counsel. These types of injuries can be precious to a victim’s family and can significantly ease the financial burden of their loss.
If you have a wrongful death case, you must consult an experienced criminal death lawyer who can help you determine your legal options and prepare your claim. They will investigate the circumstances of your loved one’s death and ensure you have a solid basis for proving liability.
A wrongful death lawyer can also help you decide whether an expert witness is needed. They can also help you understand the fees associated with providing expert witness testimony.