After losing a loved one, family members may be entitled to a wrongful death claim. Proving wrongful death is extremely difficult. It is important to get the guidance of a knowledgeable and experienced wrongful death attorney so that you and your family can get justice for the deceased family member.
A wrongful death lawyer plays a vital role in proving a wrongful death case and supporting the rights of the surviving family members. While choosing a wrongful death attorney, there are several ways to move your case forward.
The attorney helps the plaintiff prove the following in a wrongful death case:
Proving the Death of a Loved One
First of all, it is important to prove the death of a human being. So, a wrongful death attorney makes you collect information like where the accident occurred, the accident time, and who the negligent party is.
Moreover, they also guide you in gathering information from witnesses. This can be proven by medical expenses, evidence, or testimonials from people who were at the accident site.
You should prove that the death resulted in mental, emotional, and financial damages to recover fair compensation.
Proving Negligence or the Intention to Cause Harm
To file a strong case for a wrongful death claim, it is necessary to seek guidance from a wrongful death attorney. An experienced lawyer will find out how the death occurred because of the intentional wrongful act, recklessness, or negligence of another person or entity.
The attorney guides the plaintiff to demonstrate that the defendant may have failed their duty of care and that their actions caused the death. They help to prove that the behavior of the defendant is the reason for the death with evidence such as police reports, medical records, and eyewitness testimony.
Proving Monetary Loss
Having an attorney by your side helps in proving that the death of your loved one has caused monetary damage to the surviving family members. It covers the loss of economic support, medical bills, and funeral expenses.
To get fair compensation, you should provide evidence that shows the loss of financial support that you and your family have undergone due to the death of your loved one. The economic loss the surviving family members go through varies based on the individual’s circumstances. It is always better to get legal assistance from an experienced attorney.
A wrongful death lawyer will be familiar with the laws and procedures, so they will show you how to gather evidence and build a strong case.
Hire a Personal Representative
Appointing a personal representative is important for proving your wrongful death claim. Some states only allow individuals who are the decedent’s personal representative to file a wrongful death claim. The personal representative is also known as the executor in some states. The personal representative is also responsible for compiling and distributing estate assets.
This representative works as the legal agent of the dead person and makes sure the claim is processed accurately. The personal representative is responsible for filing the wrongful death case on behalf of the deceased person’s estate.
Wrapping Up
Wrongful death claims are the most challenging to win. But with the help of a lawyer, you will have a great chance of winning the case.
If your loved one died because of the negligence of someone else, you may get frustrated and have no clue how to proceed in a legal way.
That’s why it is important to consult a knowledgeable and experienced wrongful death lawyer who can help you better understand your legal options and also fight for the justice your loved one deserves.
Keep in mind one thing: it is necessary to prove and file a wrongful death claim within the statute of limitations. We hope our article helped you understand the role of the attorney in proving a wrongful death case.
