The death of any close friend or family member can be tremendously difficult to deal with, and realizing that death was due to another person’s negligence and thus could have been prevented can make the pain unbearable.
Even in mourning, however, it’s important for loved ones of the deceased to know that they have rights, and filing a wrongful death suit can help bring a sense of closure and justice to an unimaginable situation.
With that being said, if you have recently lost a family member to someone else’s negligent actions and are wondering whether hiring a wrongful death lawyer is worth it, keep reading to discover the benefits such an attorney can bring to families in grief.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is filed when someone else’s negligence, recklessness, or intentional misconduct results in someone’s death. Wrongful deaths can happen in many situations, including motor vehicle accidents, workplace accidents, property hazards, product malfunctions, and cases of medical malpractice.
Who Can Bring a Wrongful Death Suit, and Who Can Be Held Responsible?
In general, only close family members, such as a spouse, domestic partner, parents, siblings, and children, can file a wrongful death suit. In some cases, exceptions can be made to allow financial dependents or an estate representative to also bring forth a lawsuit.
A wrongful death lawyer can help you bring a lawsuit against the person or party responsible (either directly or indirectly) for your loved one’s death, whether they be a driver, doctor, or business entity.
Why Filing a Wrongful Death Lawsuit Can Be a Beneficial Move
While hiring a wrongful death lawyer and filing a lawsuit can seem daunting, it can be worth it to do so for a few significant reasons:
Accountability
While winning a lawsuit can never make up for losing a loved one, many families find peace of mind in knowing that the person or entity responsible for their death has been brought to justice, as it often brings with it a sense of closure while validating that their loved one was not at fault for what happened to them.
Deterrence
One often unexpected benefit of holding the responsible party accountable for their actions is that it helps deter future negligent or reckless behavior. For example, if a medical professional’s negligence causes the death of a patient, they will likely be more careful not to make the same mistakes in the future. If your loved one died in a motor vehicle crash, that driver is likely to drive more carefully in the future and urge others to do the same.
These actions won’t bring your loved one back, but they can help save other people’s lives and keep more families from experiencing the same fate, and for some, that alone makes a wrongful death suit worth filing.
Compensation
Obtaining compensation after a wrongful death is important for many reasons. For one, it can help the family pay for emergencies and the expenses incurred as a result of that person’s death, including the cost of funeral arrangements or paying off debts in which family members have shared responsibilities.
In addition, compensation from a wrongful death lawsuit can help provide for the family’s future in the case of a loss of future income. If the person who died was a financial contributor to their household, their survivors would likely need money to compensate for the loss of those contributions. Winning a wrongful death suit can help the family pay bills or provide for a child’s future education.
Challenges in Wrongful Death Cases
While wrongful death cases have many advantages, they also have challenges. Proving negligence, gathering enough evidence, and dealing with the legalities. Families may struggle to show the death was directly caused by the defendant’s actions. Wrongful death cases can be emotional and time-consuming. Working with an experienced attorney will help navigate these challenges by providing all the evidence, expert testimony, and the right legal strategy.
Common Misconceptions About Wrongful Death Lawsuits
There are many common misconceptions about wrongful death cases that will discourage you from seeking justice. Some think these cases are only for high-profile cases or that they are too expensive. Others believe wrongful death claims are always long and complicated. In reality, wrongful death cases can happen in many situations, and many attorneys work on a contingency fee basis, meaning you don’t pay unless you win. Knowing these facts will help you make an informed decision.
What to Do After a Wrongful Death
After a wrongful death, it’s important to take certain steps to be prepared for a lawsuit. Start by documenting everything, including police reports, medical records, and witness statements. Contact a wrongful death attorney as soon as possible to discuss your case and get all the evidence. If you do these steps quickly, it will help your case and get you the compensation and closure you deserve.
How Long Do You Have to File a Wrongful Death Lawsuit?
Each state has a statute of limitations that will tell you how long you have to file a wrongful death case. Usually, it’s one to three years from the date of death. You must act within that time frame to have a valid claim. Consult with a wrongful death attorney to know the deadlines for your case and to act quickly.
Finding the Right Wrongful Death Lawyer to Assist With Your Case
Wrongful death cases can be legally complex, as you must be able to prove that someone died because of another party’s negligence or intent to harm. You must also show that you and your family members have suffered damages (be they economic or non-economic) because of your loved one’s death. Because of that underlying complexity, it’s in a family’s best interests to retain the services of a wrongful death lawyer.
The attorneys at The Trial Law Offices of Bradley I. Kramer, M.D., Esq. have extensive knowledge in both medicine and law. We understand the ins and outs of wrongful death lawsuits and can thoroughly evaluate your case to help you determine your next steps.
If you have a claim and choose to file a lawsuit, we can assist you in gathering the proper evidence and fighting for the compensation your family deserves. Contact us today to learn more about our legal services and how we help families seek closure after the wrongful death of a loved one.