Getting Back To Stable During A Wrongful Death Lawsuit
- October 13, 2016
- Category: Law
Have you lost someone in your family due to someone else’s actions? Losing someone you love can be hard enough to deal with, especially if it happens suddenly. There are many things to deal with in the event of a death and you may not know where to start. There is a way to alleviate some of the stress involved with losing someone you love. Filing a wrongful death suit can allow the surviving family members to obtain compensation for the negligence that caused the death of their loved one. When filing a wrongful death suit, consulting with an attorney like those at Attkisson Law Firm can provide you with insight about what a wrongful death lawsuit can do.
What is Wrongful Death?
Wrongful death occurs when another person performs a negligent act and the injured party dies as a result. There are several ways that a death can be considered wrongful death. For instance, if a medical procedure is not properly done and the patient dies, it could be wrongful death. A negligent driver could cause an accident that kills the other driver and this would constitute wrongful death. Then there are instances where a person is exposed to hazardous situations at work that results in their death or if someone is killed during the act of committing a crime. Both of these situations can be considered wrongful death as the death is due to another’s negligence. After speaking to an attorney and explaining what happened, they will advise you as to whether you are able to file a wrongful death lawsuit.
Steps to Take After a Wrongful Death
In order to help your case for wrongful death, there are some steps you can take to help your lawyer fight your case. First you will want to find and save any evidence that can prove the other party is liable. You will also want to gather information regarding what you have lost as a result of the death of your loved one. This can include several areas of financial support and the medical bills, as well as final expenses that occurred.
Proving a Wrongful Death Lawsuit
To prove a wrongful death suit there are certain elements that must be present. First, the person that the wrongful death suit is about must have died from the act. This will always be the case because without this element, there is no wrongful death. Second, the person who performed the act that caused the death must have been found to be negligent in their actions, or their actions intended to cause harm. Then, the family members of the deceased must be experiencing monetary problems with the loss of their loved one. Lastly, there must be a representative of the deceased person’s estate, or a next of kin. This person is the only person that is able to file a wrongful death lawsuit.
Benefits of Hiring an Attorney
There are several benefits to hiring an attorney for a wrongful death lawsuit. A lawyer will know all of the laws pertaining to a wrongful death lawsuit. There will be statutes in place that can prevent the ability to filing a lawsuit if the time limit is up. An attorney will also be more clear-headed about what happened. They can focus on finding out what happened to your loved one and proving that the other party is liable. They will also know where to find the responsible party based on the facts of the case. This will allow them to bring justice to the situation. A lawyer will also know how to get in touch with witnesses and access records that will prove your case. An attorney fighting a wrongful death suit will be aware of any complications that occur during the case and will be able to avert them before they cause damage to the overall verdict. Lastly, a lawyer will work hard to fight your case and allow you the opportunity to grieve for the loss of your loved one.
What is Awarded During a Wrongful Death Lawsuit?
When someone’s negligence cause the death of another, there can be several financial aspects affected as a result. Often there will be medical bills associated with the incident and the family will be already be dealing with so much without having to worry about how the accrued medical bills will be paid. Also, after a death there will have to be a funeral and burial. This burden can be very costly and because it happened so unexpectedly, the funds to perform the funeral and burial will most likely not be available. If the victim was the so-called bread winner of the family, the financial situation of the surviving family can seem grim once they have passed. The family may have relied heavily on this person’s income and since they are gone, many bills will not be paid. The unexpected death of a loved one can cause a lot of pain and suffering for the rest of their family. No one expects to see their loved one in the morning and be planning their funeral the next day. This can be shocking and can make the grieving process very difficult.
When losing a loved one unexpectedly, there can be many things to consider and this can be a lot for someone who is trying to mourn the loss of someone they care for deeply. There are so many concerns that will have to be addressed and the family will likely have to completely change the way they do things on a day-to-day basis after losing someone. There can be some relief after experiencing such a stunning change like this. Filing a wrongful death suit can help the family to cope financially with the drastic change that is to come after the loss. However, filing a wrongful death suit can be very difficult and cause more anguish without the help of an attorney. They will understand the situation and they will fight for the surviving family to get back to as normal a situation as possible.
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