The death of a loved one can have a huge emotional and financial impact on families, and the loss becomes unbearable when the death is due to another party's misconduct or negligence. This is when families of the deceased decide to file wrongful death lawsuits.
The legal grounds for a wrongful death lawsuit usually include medical malpractice, accidents, defective products, and, sometimes, criminal acts. The surviving family members go this route to get some compensation for their emotional and financial loss. However, it can be overwhelming and confusing to handle these challenges, especially when you lack information about the process of filing for a wrongful death lawsuit.
The Importance of Seeking Legal Representation
It is difficult to deal with wrongful death cases due to various complexities and their emotionally charged nature. Getting in touch with an attorney is vital, but it is important to hire board-certified attorneys specializing in this area, and unlike what many people think, there are very few board-certified attorneys out there.
For instance, attorney Aaron A. Herbert of Herbert Law Firm (www.injuryattorneyoftexas.com), who specializes in personal injury law, is one of less than 2% of board-certified attorneys in Texas. Working with him ensures your case is in the right hands because he has the training and experience to help you with your wrongful death lawsuit.
These attorneys help families focus on healing while they take care of all legal complexities. Only an experienced attorney can ensure that families receive fair compensation, ensuring financial stability after the tragedy.
Understanding the Process of Filing a Wrong Death Claim
Typically, the immediate family members of a deceased, such as children, spouses, or parents, bring wrongful death claims to court. Some states also allow extended family members and even dependents to file a lawsuit.
The basis of the lawsuit is to prove that the death was caused by medical malpractice, negligence, intentional harm, or product liability. Working with an experienced attorney is important because the rest of the steps of filing wrongful death lawsuits require legal assistance. For instance:
Investigation of the Incident
This is usually the most important phase because it involves gathering evidence that serves as the backbone of the whole case. The process involves collecting eyewitness testimonies, police reports, expert opinions, and medical records. Attorneys help here by working with investigators and creating a strong legal strategy. They develop a theory of liability, linking the actions of the defendant directly to the death.
Filing the Claim
Once an attorney has done the preliminary research and believes they are ready, they file the claim in civil court. Working with an attorney is also important because they help families understand the right timing of filing a lawsuit because of various statutes of limitations in different states. Beyond a certain timeframe, it is not possible to file a lawsuit.
Discovery Phase
Once the claim is brought to court, pre-trial procedures begin where both parties share evidence. This usually includes depositions, where all the witnesses are presented and provide sworn testimony. This also involves exchanging requests for documents as well as written questions. The step is crucial and requires a seasoned attorney to be able to get a clearer picture of the case and determine the right settlement for their clients.
Negotiation Phase
In so many personal injury cases, an offer to settle the case before it goes to trial is made. An experienced attorney can help families understand whether they are getting a reasonable offer or not. Out-of-court settlements usually help avoid the emotional toll of a trial and help affected families get financial relief sooner.
Attorneys can also help negotiate with insurance companies, which is no easy feat. Insurance companies don't mind playing dirty to save money, but experienced attorneys know their tactics and always ensure maximum compensation. However, not all settlement offers are reasonable, compelling attorneys to get ready for trial.
When cases proceed to trial, it is important to create a sound legal strategy to present the case to the judge or jury. Remember, only board-certified attorneys and legal experts know how to handle courtroom advocacy in an efficient way, as it involves presenting evidence in a way that clearly illustrates the profound impact of wrongful death and getting maximum compensation for their clients.
Endnote
It is hard to handle the legal process of filing a wrongful death lawsuit for families still trying to overcome their loss. Getting in touch with an attorney is important, but only an experienced and board-certified attorney must be selected to represent you in court for the most favorable outcomes.
