It’s heartbreaking to be dealing with a wrongful death claim. Not only are you grieving the loss of your loved one, but the legal process can feel overwhelming as you are trying to get compensation for the accident. The most important decision that you will make during this time is hiring a wrongful death attorney that you can trust.
The reality is that there are many emotional and legal complexities involved in wrongful death cases. You need support during this difficult time, and a wrongful death attorney will work as an advocate on your behalf.
Tip #1: Seek Legal Representation Immediately
One of the biggest mistakes you can make is trying to pursue a wrongful death case without legal representation. Seemingly small mistakes in the negotiations could result in the loss of a lot of money. Having an attorney to help is a good investment because you can lean on the expertise of someone who has handled other similar cases.
Your attorney will guide you through the legal process and also handle communication with the insurance companies and other parties. Through this approach, you can benefit from the lower stress levels while also having confidence knowing that you will get the maximum compensation available.
Tip #2: Gather as Much Evidence as Possible
You need to build a solid case, which starts with collecting relevant evidence. The goal is to prove fault in the wrongful death. Examples of evidence might include:
- Medical records
- Police reports
- Witness statements
- Photos and videos of the scene
- Any other relevant documentation
Evidence gathering should happen as soon as possible. If you delay this step, then it’s possible that the evidence might be lost or tampered with.
Tip #3: Establish Legal Requirements
Your wrongful death attorney will offer advice about creating a wrongful death claim that meets all legal requirements. Some of the elements that need to be established include:
- A person has died
- The death was caused by a wrongful act or negligence of another person or party
- Surviving family members or dependents are experiencing financial or emotional losses as a result of the death
The laws vary in each jurisdiction which is why it’s best to hire a lawyer in your local area.
Tip #4: Choose a Legal Specialist
You want the best outcome for your case, so it makes sense to hire a wrongful death attorney who has represented other similar cases. Not only do you need a lawyer who understands wrongful death, but look for someone with a subspeciality such as:
- Medical malpractice
- Car accident
- Product liability
- Premises liability
Tip #5: Calculating All Damages
Not only can you receive compensation for the associated medical bills, but there is often compensation available for other related financial losses. Some of the types of damages that should be included in the calculations include:
- Medical expenses
- Loss of financial support
- Funeral and burial expenses
- Emotional loss of companionship
- Pain and suffering of the deceased
Your wrongful death attorney will be able to help with the specific calculations with the goal of maximizing the amount of compensation you might receive.
Tip #6: Be Patient with the Process
Maintain a mindset of patience, knowing that this process can be long and drawn out. It takes time to resolve a wrongful death case, especially because there are often negotiations, mediation, or even a trial that will need to happen. Be understanding about this process and maintain communication with your attorney so you can stay updated along the way.
Tip #7: Keep Records at All times
Stay organized and keep organized records that you can refer back to if needed. These records can include notes about conversations, digital communication, documents, and any expenses relating to the lawsuit. Consider creating a dedicated file where you can keep everything in the same place. Print out the paperwork to store in a physical file, or digitize everything and keep it in a folder with a cloud backup.
Tip #8: Allow Yourself to Grieve
While the court proceedings are important, it’s also necessary to acknowledge the emotional loss you are experiencing. Don’t get so caught up in the legal processes that you forget to grieve. Hiring an experienced wrongful death attorney is one of the best decisions that you can make because it allows you to focus on your own self-care while the attorney is taking the lead with your lawsuit.
Tip #9: Don’t Accept an Early Settlement
While there might be a temptation to agree to the first settlement that is offered, remember that the insurance company is working hard to minimize the amount of money they need to pay. Typically, the initial offers are lower than the full value of the claim. Be cautious about accepting an early settlement without talking to your lawyer first.
Tip #10: Maintain Open Communication with Your Attorney
Remember that your lawyer has legal obligations through attorney-client privilege. You should be able to talk freely and openly about everything relating to the case. Be honest about everything so your lawyer can build the best defense on your behalf.
FAQ
What is a wrongful death claim?
If a person passes away due to the negligence or actions of another party, then surviving family members can file legal actions (known as a wrongful death claim) to seek compensation for their losses.
Who can file a wrongful death claim?
Usually, the victim’s closest relatives—such as their spouse, children, and/or parents—file this claim. There are specific laws in each jurisdiction to dictate who can file a wrongful death claim.
What damages can be recovered in a wrongful death claim?
The most common types of damages that are recovered include financial losses, such as income and medical expenses. Additionally, the family might be able to receive compensation for intangible losses, such as the loss of emotional support, love, and companionship.
Talk to an Experienced Wrongful Death Lawyer
Do you need legal assistance because you are preparing to file a wrongful death claim? Then our experienced team is here to help. Contact Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. by calling our office at (504) 522-2304.
