What type of injury have you suffered?
Car Accident
- Car Accident
- Head Injury
- Premises Liability
- Products Liability
- Truck Accident
- Wrongful Death
Car Accident
HABLAMOS ESPAÑOL
(877) 880-4090The loss of a loved one is an emotional and devastating experience. When the death was caused by the negligence of another party, you deserve not only time to grieve but also to eventually feel a sense of justice and closure.
Wrongful death lawyers are legal professionals who are experienced in handling civil cases where an individual has died because of someone’s negligent or intentional acts. If you have lost your loved one in death, a wrongful death lawyer can provide legal assistance and emotional support to you and your family during this difficult time.
In this article, we will explore the roles and responsibilities of a wrongful death attorney in detail. The personal injury lawyers at Fielding Law have decades of experience in handling wrongful death cases. We are here to guide you and your family through the legal process. Call us or complete the online form to schedule a free case review.
A wrongful death lawsuit is a type of civil claim that can be filed when someone’s death is caused by another person’s negligent or intentional acts.
Common causes of wrongful deaths resulting in lawsuits include:
Not everyone is able to file a wrongful death case after a fatal accident. The people allowed to file a lawsuit depend on state laws.
Generally, immediate family members qualify to file wrongful death claims. A personal injury attorney will be able to let you know whether you have the legal right to file a wrongful death lawsuit.
The following individuals may be eligible to file wrongful death claims:
Wrongful death lawyers can provide the legal guidance and emotional support you need to seek justice for your deceased loved one. They can take your case through the following essential phases on your behalf.
Wrongful death lawyers will begin by conducting a thorough investigation of the case. This is a critical step in identifying all responsible parties and determining whether you have a viable claim.
After determining that you have a valid claim, your legal team will continue to gather evidence to prove fault and liability.
Collected evidence may include:
After gathering evidence and establishing liability, your wrongful death lawyer will assess the damages you and your family are due.
Compensation in wrongful death cases can cover the following:
Many wrongful death cases are settled without going to court. Your wrongful death lawyer will negotiate with the liable party’s insurance company and lawyer to reach a fair settlement agreement.
Most experienced personal injury lawyers are skilled negotiators. They will use their legal knowledge and the evidence collected to advocate for your family’s rights.
What happens if a fair settlement agreement isn’t reached during negotiations? Your lawyer may suggest filing a wrongful death lawsuit and taking your case to trial.
In court, your wrongful death attorney will present evidence, argue your case, and fight to obtain a favorable outcome for you and your family.
When a wrongful death occurs, there may be two types of cases: criminal and civil. It is important to recognize that wrongful death claims are distinct from criminal cases.
Let’s consider an example of a case involving car accidents since these are a common cause of wrongful death lawsuits. Sadly, in one recent year in the US, some 42,514 individuals lost their lives in car accidents and many of these accidents involved drunk drivers.
In most states, driving with a blood alcohol concentration (BAC) of over .08 is illegal. A death caused by a car accident caused by an impaired driver may be the basis of both a criminal and civil case.
While a criminal conviction may add credibility to a personal injury lawsuit, this is not needed for the civil lawsuit to be successful. Establishing liability in a wrongful death claim does not require a criminal conviction on the part of the defendant.
After suffering the tragic death of a loved one in an accident, you may be debating whether or not to hire a wrongful death lawyer to help with your claim.
Consider some of the benefits of having a skilled and compassionate legal advocate by your side:
Unfortunately, the opposing party may try to place the blame on your deceased loved one for the fatal accident. This is a common tactic used by defendants and their legal teams to minimize their role in the incidents.
Your wrongful death attorney will work hard to gather and present evidence proving the other party was at fault for the death of your loved one. Even if your loved one’s negligence partially contributed to the accident, this does not necessarily mean that you won’t be able to file a wrongful death lawsuit and recover compensation.
If you live in a comparative negligence state like Utah, liability is allocated to everyone who shares the blame. If your loved one is found to have contributed to the accident, your damages would reflect that. For example, if you were awarded $100,000 but your loved one was 10 percent liable for the accident, you would receive $90,000 in compensation.
Now that you know a bit about what a wrongful death lawyer can do for you, it’s time to contact one if you have lost a loved one in death. Wrongful death attorneys play a crucial role in helping families seek justice and compensation for the loss of their loved ones due to someone else’s negligence.
The compassionate wrongful death attorneys at Fielding Law can offer you legal guidance and support during this traumatic time. We are here to help you fight for every dollar that your family deserves.
Fielding Law accepts wrongful death cases on contingency, meaning you don’t pay upfront costs or fees. Call us 24/7 at 877-880-4090 or complete the contact form to schedule your free consultation.
Photo by Rhodi Lopez on Unsplash