What Are the Advantages of Hiring a Wrongful Death Attorney?
Every year tens of thousands of Americans lose their lives in tragic accidents. Many of these unfortunate situations are wrongful deaths. This legal term is best understood as any death caused by another person’s intentional or negligent behavior. In many cases, the loved ones of the deceased are unsure of the legal procedure involved in filing a wrongful death lawsuit. Hiring a wrongful death attorney is the best way to navigate this process. They can guide you through everything that’s required to file your claim.
The most common causes of wrongful death are road accidents, medical malpractice, and workplace deaths. In the first nine months of 2021, there were an estimated 31,720 fatalities due to motor vehicle accidents alone.
Have you recently lost a loved one due to a road accident? This article will explain the benefits of hiring a wrongful death lawyer. With the right help, you can significantly improve your chances of claiming damages and receiving compensation for your loss.
When Do You Need a Wrongful Death Attorney?
Wrongful death can happen in any number of ways and there is no legal guideline that specifies the means of death. Each year there are around 200,000 unintentional deaths in the United States.
The most common types of wrongful death are:
- Vehicle, motorcycle, and truck accidents
- Bicycle accidents
- Pedestrian accidents
- Workplace accidents
- Aviation and boating accidents
- Medical malpractice mistakes
- Accidental poisoning from overdoses
Some fatal accidents are simply due to bad luck but in many cases, there is negligence involved. To file a successful wrongful death claim, there must be sufficient evidence to show that the death was the result of a negligent action.
If you have lost a loved one in an accident and suspect that it was a result of someone else’s reckless driving or behavior then you need an attorney. They will collect the proof, file the wrongful death case on your behalf and represent you in court.
Once you hire an experienced attorney they will manage all the different components of your claim. This makes the process much less stressful for you and your family. It also gives you the best chance of receiving the compensation you deserve.
Who Can Claim a Wrongful Death
A representative from the deceased’s family must file the claim. This person is usually the person responsible for executing the will. The family members who can claim compensation for wrongful death are the ‘real parties in interest.’
Depending on the state you are in there are different interpretations of which family members are eligible for compensation. Immediate family members such as spouses and children can claim compensation in all states.
Some states will allow life partners and those who were financially dependent on the deceased to also file a claim. In some cases, this can include more distant family members like brothers and sisters.
Grandparents who are raising the child of the deceased may also be eligible to receive compensation. In some states, it is possible for anyone who loses their financial support from the decedent to file a claim, even if they are not blood relatives.
In situations like this, it is essential to consult and appoint a wrongful death attorney. They will be intimately familiar with the details of wrongful death claims in your state. Once they are familiar with your case they can tell you whether you can expect to receive any compensation.
Why Should You Hire a Wrongful Death Attorney?
For someone who is not qualified in law, the whole process of filing a wrongful death claim and appearing in court can be overwhelming. Wrongful death attorneys are experts in this field and fully understand the legal process that it involves.
If you hire a wrongful death attorney they will guide you through the process. They will collect all of the evidence required to prove wrongful death. This burden of proof is vital for you to have a good chance of having your claim approved.
The success of your claim depends on proving to the court that the death was the result of negligence. Without enough proof and a robust argument, it is unlikely that you will receive your compensation.
This is especially important when dealing with insurance companies. Their lawyers will do their best to find any reason not to pay you out. By having a skilled wrongful death attorney representing you these negotiations will be far less stressful.
Benefits of Hiring a Wrongful Death Lawyer
Each wrongful death case involves a compensation payout specific to that case. The biggest advantage of having an attorney represent you is that they will calculate the value of your claim.
This will involve an assessment of all the expenses involved with the death, such as medical and funeral costs. Various other factors also influence the amount you can claim. Some of these are the pain and suffering you have experienced as a result of the death.
The most important factor to consider is the compensation for loss of future earnings. This is known as the pecuniary loss and estimating this figure is a complex procedure.
To calculate this amount your attorney will need to evaluate several different factors. These will include the earning capacity of the deceased as well as their age, health, and life expectancy. Your attorney will also take into account the condition and circumstances of the surviving family members.
In court, your attorney will present this evidence and the jury will decide on the final amount. Without having an attorney to represent you this evaluation is difficult to complete.
Do You Need a Wrongful Death Attorney? Contact Alpha Accident Lawyers
Losing a loved one is a traumatic and difficult experience. This is especially true if they have been supporting you financially.
If you have recently lost a family member in an accident you may be eligible for compensation. A wrongful death attorney can advise you on whether your claim has a reasonable probability of success.
At Alpha Accident Lawyers we have the knowledge and skills to help you through this process. Contact us to schedule an appointment with one of our expert attorneys.