When you lose a loved one in an accident, whether accidental or intentional, the last thing on your mind is finding a wrongful death lawyer. You don’t even want to think about it. But you will have to at some point. When someone has lost a loved one due to negligence or wrongful actions on the part of another person, they may be eligible to receive compensation for their passing via a wrongful death claim. To seek a claim in the court, you will need a wrongful death lawyer in Sarasota or a close location who will work with the deceased’s family to get them the money owed, but grieving families don’t always know what types of lawyers handle wrongful death claims.
What Is a Wrongful Death Claim?
The term “wrongful death” refers to the situation in which a loved one has lost his or her life in a tragic event that could have been prevented or was at fault. Such deaths can be due to a medical mistake, falling, driving an unsafe vehicle, manufacturing defects, etc. There are two main types of wrongful death claims: a survival action claim and a wrongful death suit. Let’s get into each type of claim and how they work.
The most common causes of wrongful death include:
- Auto accidents
- Trucking accidents
- Pedestrian accidents
- Bicycle accidents
A wrongful death claim is a legal action brought on behalf of the estate of a deceased person by that person’s spouse, children, parents, or other next of kin. It’s clear that in the unfortunate situation where somebody close to you dies due to someone else’s wrongdoing or negligence. That person was either employed by an organization or undertaking an activity where they were committing their employer’s agency when the accident or death occurred. It may be possible to make a legal claim against them by the help of Boulder Wrongful Death Claims Lawyer. But what you might be wondering is how long you have to take legal action and what the potential payout could be.
Lawyers Who Handle Wrongful Death Claims
Not all lawyers handle wrongful death claims. Since these cases often involve complicated legal issues and sometimes require in-depth scientific knowledge, it is essential to choose an experienced attorney. An experienced wrongful death lawyer can help you navigate the legal system, handle insurance companies, and ensure that the person responsible for your loved one’s death is held accountable. Lawyers who represent people injured in accidents caused by someone else are generally referred to as personal injury attorneys. Many personal injury lawyers also handle wrongful death claims. Sometimes, however, a specialized criminal death attorney might be a better choice.
Wrongful death suits are not criminal charges, so they’re handled by civil courts. If the person being sued is also charged with death-related crimes, both cases can go forward simultaneously. The first step in filing a wrongful death lawsuit is determining which court has jurisdiction over your claim. Civil cases are heard in state courts, and different states have different rules about which court will handle your case.
For example, some states require that wrongful death claims be filed in probate court; others need them to be filed in superior court. And some states give you the choice of filing in probate or superior court. If you’re not sure where to file your claim, check with an attorney who can advise you about state law and procedure.
The differences in these two fields are:
A personal injury lawyer deals with injuries that an individual received from an accident or incident. These include car accidents, medical malpractice incidents, slip and fall accidents, sexual abuse claims, and product liability claims.
A wrongful death lawyer represents individuals who have lost someone due to negligence. It includes any accident caused by another person’s negligence or any intentional act to cause harm to someone else.
Why Hire A Wrongful Death Attorney?
In addition to helping your family recover from the emotional trauma of losing a loved one, an experienced wrongful death lawyer can:
- Investigate the circumstances of your loved one’s death
- Help you determine if you have a claim for damages
- Determine who may be legally responsible for your loved one’s death
- Handle all communications with insurance companies and other parties involved in the case
An experienced wrongful death attorney can also help you:
- Gather evidence to prove liability (legal responsibility) and create a demand letter to send to the insurance company describing the claim and estimating its value
- Negotiate with insurance companies to get them to pay what your case is worth
- Go to court on your behalf.
What Type of Damages Can Be Recovered in a Wrongful Death Lawsuit?
In the United States, individual states have the authority to establish laws governing wrongful death lawsuits. Compensation awarded in such suits typically includes economic damages (such as medical bills) and non-economic damages (pain and suffering). In some states, punitive damages may also be available to punish wrongdoers. A knowledgeable personal injury attorney will understand how to apply state laws to your specific situation to recover the maximum allowable compensation.
If you find yourself facing the unfortunate occurrence of wrongful death, you must hire the right lawyer. There are many factors to consider when choosing who will represent you, and it’s important to know what criteria to look for in a lawyer.