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Nothing can replace a loved one’s passing. If the death of a loved one was due to the negligence of another person; the victims’ family members are likely to feel anger mixed with other emotions. If this is your situation, an attorney can help you file a claim for wrongful death. You will be able to take legal action against the negligent party and recover your financial losses.
Here’s how a wrongful attorney can help you recover your losses.
Understanding Wrongful Death Claim
The lawsuit for wrongful death means that in the event of the death of a person due to the negligence of another; the victim’s family can sue the negligent party. The lawsuit can be for financial compensation to help the victim’s family cope with the loss of income and handle other expenses due to the wrongful death.
The lawsuit is a way to help victims’ families and to also put the negligent party accountable. You can file the claim with the help of a wrongful death attorney. But ensure that you hire only an experienced attorney in your local area. Laws related to wrongful deaths can vary from state to state. So, it is important to hire the right attorney for your benefit.
In order to find an experienced attorney in your local area, use online searches to your advantage. Use search keywords such as wrongful death attorney Dallas (if this is your location) to find names and websites of leading attorneys in your area.
The deceased’s spouse, parents, or children can file the claim for wrongful death. Your attorney will be able to guide you properly regarding who can file the claim depending on your location.
Recovering Losses with the Help of a Wrongful Death Attorney
The right wrongful death attorney can help the victims’ families or representatives recover their losses by filing the lawsuit against the negligent party. There are several aspects to filing and winning the lawsuit.
Proving negligence –
To win the lawsuit, you will need to prove that the death was indeed caused by the negligence of another. Your attorney will gather evidence to support the claim. For this reason, it is also important to file the lawsuit without delay. Evidence can get lost with time and this can dilute your chances of winning the lawsuit.
Your attorney will also speak to the doctors who tended to the victim to understand more about how the victim succumbed to the injuries. Your attorney might consult with medical and other experts to understand the case more deeply.
Calculating the compensation –
You cannot put a price on the life of your loved one. But you can ensure that the negligent party pays for the financial loss you have incurred due to the wrongful death of your loved one.
Your attorney will take into account medical expenses incurred for the victim’s treatment until the time of death. Loss of income and funeral expenses can also be included in the compensation. Your attorney will also be able to include compensation for your emotional pain due to loss of companionship and love.
It is not possible for a layperson to calculate the compensation and file the lawsuit. But an experienced attorney will ensure that everything is accounted for when it comes to calculating the compensation for the loss of your loved one.
Negotiating with the negligent party –
Your attorney will deal with the representations of the negligent party such as insurers and attorneys. The job of the negligent parties’ representatives is to pay the victims’ families the lowest amount of payout as possible. But your attorney will negotiate tough to ensure justice for you. Your attorney also won’t allow them to bully you into accepting a lowly offer.
Fighting the case in court –
When all negotiations fail, you have the option to take the case to court. Such situations are rare and experienced attorneys are able to win the compensation via negotiations alone for the majority of the cases.
Your attorney will file the paperwork in the court and prepare the arguments to win the case for you. Your attorney will also ensure that the negligent party doesn’t play foul to derail the case.