The untimely death of a loved one can never be handled easily. In any case, the grief that follows this loss can be unbearable, but it is frequently particularly concerning when the death is possibly avoidable.
The death of a close relative can have a variety of effects on the living. Not only is it never easy to grieve after a loss of this kind, but a death in the family can also cause financial instability. For most people, handling your loved one’s final expenses comes as an unexpected challenge. Anyone who depended on a deceased family member for financial support could find themselves in dire financial circumstances at any time.
Every state provides for a legal action known as a wrongful death lawsuit. This civil lawsuit gives the surviving family the ability to seek compensation from the party that negligently caused the death of their loved one. If you believe your family is entitled to compensation, a wrongful death claim lawyer might be able to help. Contact us at Louis Berk Law, for a free consultation as soon as possible.
What Is a Wrongful Death Claim?
It is important to first understand what a wrongful death claim is not. A criminal prosecution is not the same as a wrongful death claim. If proven, there won’t be any jail time or fines associated with it. The district attorney is not involved in the filing of these lawsuits.
A wrongful death claim is a civil lawsuit. Should your claim be accepted, the at-fault party will have to pay you money. Any death brought about by someone else’s or an entity’s negligence may give rise to these claims.
A wrongful death lawsuit is frequently the result of these claims. Although the party deemed to be at fault is the target of these lawsuits, other parties may also have an interest in the case. If a policy existed that could cover the death, the defendant’s insurance company would be very interested in learning about it.
What Does a Wrongful Death Lawyer Do?
A wrongful death claim lawyer represents families in civil lawsuits where a loved one dies as a result of another person’s negligence or wrongdoing. In these situations, the estate of the departed individual may bring a civil suit to hold the at-fault party liable for damages.
A wrongful death attorney starts by looking into the case in great detail. They will examine the circumstances of the death, speak with witnesses, and collect any pertinent records or proof.
They will determine who is at fault before figuring out how much the family should be compensated. Medical costs, burial fees, lost wages, loss of consortium, and psychological anguish and suffering are examples of damages that may be awarded.
Wrongful death lawsuits are frequently resolved out of court. To arrive at a reasonable and fair settlement, a wrongful death claim lawyer will bargain with the insurance provider or legal representatives of the negligent party. To fight for the family’s best interests, they will make use of the evidence gathered and their legal expertise.
How Does a Wrongful Death Claim Work?
Wrongful death claims lawyers generally operate in the same manner everywhere. First of all, these claims can only be brought by specific parties. The ability to bring a wrongful death lawsuit varies from state to state as well, so depending on the jurisdiction, claims based on comparable facts may appear very differently.
An extensive investigation is usually conducted in the early stages of a claim once the right plaintiff has been identified. It’s critical to identify the responsible parties and the cause of the wrongful death. Following the conclusion of the investigation, the plaintiff and their attorney will demand something from the at-fault party. This demand is for payment in return for a promise not to bring a wrongful death lawsuit. Our Orlando Truck Accident Attorneys are here to guide you to navigate you through an accident case if any of your loved ones has lost life in a truck accident.
At this stage, a few wrongful death cases come to an end. Legal action will eventually be taken against others. It may take months or even years after a plaintiff files a wrongful death claim before a jury trial is held.
What Makes a Lawsuit Eligible for Wrongful Death?
The same kinds of cases qualify as wrongful death lawsuits nationwide, even though the word’s precise definition differs from state to state. Any death that results from the carelessness of another individual or organization is generally eligible.
One can die from negligence in many kinds of ways. They are usually the consequence of an unintentional death. That being said, not every unintentional death will give rise to a strong case for wrongful death. These accidents had to be the result of illicit, reckless, or careless behavior on the part of someone else. For these claims, courts apply the legal standard of negligence; however, intentional acts may also give rise to a wrongful death lawsuit.
It’s not always obvious whether the passing of a loved one makes a wrongful death claim eligible. Fortunately, a wrongful death attorney could provide you with advice regarding your eligibility for compensation. Get in touch with Louis Berk Law to talk about your wrongful death claim’s possible payout.
Reasons for a Wrongful Death
The sudden passing of someone you love can happen under many different conditions. We have assisted many families with wrongful death claim lawyers arising from some different kinds of incidents:
– Car Accidents
– Truck accidents
– Motorcycle accidents
– Walking accidents
– Medical malpractice
– Dangerous or defective products
– Dog bites or animal attacks.
– Assaults or accidents on unsecured property
Pursuing a Claim for Wrongful Death
A wrongful death claim lawyer must be able to demonstrate that the negligence of another party caused your loved one’s death to obtain compensation for their wrongful death. This calls for prompt, in-depth investigation and a thorough presentation of the available data. Additionally, you must provide evidence that the sum of money you are asking for is appropriate.
A family may choose from a variety of strategies to pursue a wrongful death lawsuit. Some states establish a hierarchical structure among family members, allowing only one relative to initiate legal action at a time. This usually begins with the children or spouse of the deceased. The person next in line has the right to file a lawsuit if the family member at the top of the hierarchy is unable or unwilling to proceed with a claim.
In other states, things are more flexible. The states usually designate a group of people who are each entitled to bring a wrongful death lawsuit. Wrongful death claims may eventually be brought by several parties, but to save time and money, the courts usually consolidate these cases into a single action.
The last thing you should be thinking about when a loved one passes away is how you’re going to pay for their funeral. Not only will hiring our Florida wrongful death attorneys greatly improve your chances of winning your wrongful death case, but it will also relieve you of the burden and complexity of taking legal action yourself.
Speak with a Professional Florida Wrongful Death Lawyer
Our skilled Orlando wrongful death claim lawyers understand the severity of this issue and apply our years of experience so that you may be able to recover compensation to help during this terrible time.
If you believe that your loved one died as the result of the negligence or recklessness of another person, please contact our Florida wrongful death attorneys of Louis Berk Law for a free initial consultation. We proudly serve those who live in Orlando and other nearby areas of Florida.