A wrongful death law firm focuses on matters of personal injuries, including wrongful death. So, they understand the law and issues involved in these types of cases. They will help you to claim maximum compensation for your losses. You have to contact a wrongful death law firm as soon as possible if a wrongful death happens to any of your close family members.
Wrongful death Claim
There is an action that helps a person or family to claim compensation for damages from the party that caused the death of their loved one or family member. It is called a wrongful death action. For the benefit of the spouse and children, parents, or heirs of the dead person, the custodian of the decedent’s estate can bring a lawsuit. A wrongful death claim has a few factors. You have to prove a person’s death was caused by someone else’s negligence, or he did it with the intent to harm. You need to prove the monetary loss of the surviving family members and appoint a custodian of the decedent’s estate.
Statute of Limitations
There is a limit for submitting a wrongful death claim; it is called the statute of limitations. In California, the surviving family can case a wrongful death claim within two years of the accident. The time may differ in various states, but it approximately the same. The time for the case starts when your loved one dies. There are some cases where the time can start a little later. If the death of your loved one is already reaching the two-year mark, or it is more than two years, then you have to contact an experienced wrongful death lawyer.
Causes of Wrongful Death
When a person’s negligence or wrongdoing causes another’s death, then it is called wrongful death. These causes can be a result of a wide variety of circumstances.
- Vehicle accidents
- Malpractice of medicine
- Dangerous goods and products
- Occupational endangerment to hazardous materials or situations
- Unlawful act
- A death that happens during a supervised activity
The person whose negligence or wrongdoing causes another’s death can be found guilty of wrongful death and be made to pay compensation. Examples are:
- The driver who was driving the vehicle that was the cause of death.
- The pharmacist who was prescribed medicines that were the cause of death.
- The person who sold some dangerous goods or remedies that were the cause of death.
- A doctor, when he fails to diagnose or administer proper care for a disease that causes the death of a person.
- The person whose assault or any other kind of unlawful act causes the death of a person.
- Or the person who could prevent the death of a person, but he did not.
The Necessity of a Wrongful Death Law Firm
A wrongful death claim is a very complicated lawsuit. If the injured person survives, he must provide the court with some evidence to prove the personal injury. The surviving family must meet the same burden of proof if the loved one died. If the family tried to handle the case by themselves, it could be a tough job to win a wrongful death lawsuit.
But if it is an experienced wrongful death attorney, then the tables can turn. He can help you with his skills, knowledge, and experience to pursue monetary damages for certain things. Such as the deceased pre-death pain and suffering, medical expenses that used to treat the injury, cost of funeral and burial of the dead, loss of financial gain, and many other losses.
The wrongful death law firm will conduct an investigation into the event that caused your loved one’s death. To determine who is at fault and who is accountable, they will collect all medical records and other necessary evidence. They also will review your all available insurance policies that may be used to cover your claim. The experienced attorneys know how all the insurance companies use many tactics to reduce settlements. So, they will negotiate with insurance companies and claim the appropriate settlements for your damages. It does not end with negotiation every time. Sometimes, the case can go to court. In that case, these experienced and knowledgeable attorneys know how to create a strong case in the court. With their evidence and tactics, they will influence the jury to decide in your favour.
As you can see, it is essential to choose your attorney very wisely. That’s why you have to hire a firm dedicated to pursuing wrongful death claims as your attorney.
