Understanding Death-Related Cases: 6 Legal Tips to Help You

Going through legal complexities after losing a loved one due to wrongful death can add another layer of difficulty and stress to an already traumatic and disturbing experience.

In such situations, no magic stick can turn back time and bring that person back, but knowing where to look for help and seek justice for them can make it a little bit easier to deal with this hardship.

With the valuable help of a wrongful death attorney, you will be aware of all the important steps to take and gain justice for your family. Regardless of whether you have just started your legal battle or are just considering the choices, these tips can help you decide what is best to do.

When to file a wrongful death claim?

Usually, you can file a wrongful death claim in any case where you can prove that the defendant had a legal need to take care and refrain from harming others. Some instances of the ‘duty of care’ include:

• Driver: A person must drive safely and follow all the traffic rules, and in that way, does not bring anyone in danger.
• Property owner: It is the property owner’s responsibility to ensure that the premises are safe and won’t hurt anybody.
• Manufacturer: The manufacturer’s responsibility is to make sure that the products are safe to use. 
• Doctors and other medical practitioners: It is their duty to treat patients with care and respect, and do their best to protect their health and well-being.

In such cases, the burden of proof shifts from demonstrating a duty of care to proving that the decedent’s death was the direct result of negligence. To be more precise, you must prove that the culpable party was negligent and did not show the necessary degree of care. It is also necessary to show the direct relationship between this carelessness and the death of your family member. 

Also, remember that the timing of this claim is extremely important. Statutes of limitations put some constraints as to when you can file a claim, and this one typically includes two or three years from the date of the person’s death. 

Seek legal help

These tragedies are often the result of another person’s negligence, and the victim’s family deserves to have all their questions answered and justice fulfilled for their loved one.

So, families should seek legal help, especially if the death itself has been mysterious and they have no one to turn to for answers. Just as this New York City wrongful death attorney explains, dealing with legal matters in this hard time is the last thing you want on your mind, so having a professional by your side can be a huge relief.

The legal team always understands the pain and grief you as a family are going through, so they will be there for you throughout the whole legal procedure, relieving you of the burden of sadness and allowing you to go back to your healthy life quickly. 

Who can file a wrongful death claim?

• Members of close family, including spouses, children, and parents of minor children.
• Someone who was financially reliant on the dead person, and a domestic or life partner. 
• Distant relatives, including grandparents and siblings.
• Anyone who loses out financially due to someone’s death, regardless of whether they are connected by blood or marriage.

Of course, it is important to mention that every state’s law is different, so be familiar with whether you have the legal right to file a wrongful death claim depending on where you live.

Navigating the legal process

Some stages usually happen when dealing with wrongful death, and even though you cannot do anything there, understanding every step is important to set your expectations. 

First of all, the accident scene must be investigated to collect all the necessary pieces of evidence. This includes interviewing potential witnesses, reviewing accident reports, and seeking expert opinions.

Later on, your lawyer will do their best to negotiate a fair settlement with the other party or their insurance company. They have experience in these cases and will do everything they can to protect your and your family’s rights. If they manage to reach a favorable settlement, they will help you understand all the steps you need to take before accepting it. 

However, if a favorable settlement is not possible, your case will most likely go to trial, and your lawyer can prepare a solid case to fight for your rights and justice for your loved one, with all the pieces of evidence that support your claim.

Compensation for damages

If you have incurred significant losses as a result of losing your loved one, a wrongful death attorney can prove these losses and help you get the proper compensation. For example, you have the right to compensation if you depend on that person’s income to pay for your expenses.

Also, this compensation can cover all the costs related to medical care and funeral. You can also receive a financial recompense for the loss of your spouse, their love, and everything that was significantly related to that person.

Do not deal with insurance companies

Unfortunately, even in these cases, some people can take advantage of you to minimize their expenses. This is why you should never speak with insurance companies, let alone accept any first-deal offers they have, as these are usually quite low in comparison to what you and your family really deserve.

This becomes even more important when the dead person is a breadwinner for the whole family. So, do not let them trick you, and let your attorney handle all negotiations and legal steps toward ensuring you just and fair compensation.

Nobody can ever be prepared for the sudden loss of a loved person, and this hardship brings about a range of emotions, including anger, fear, disappointment, and overwhelm. Dealing with wrongful death is hard on its own, and that is why you should never go through this alone. Seek legal help and let them fight for your and your family’s rights, and in that way ensure justice for your loved person.