What Do Wrongful Death Lawyers Do? Your Complete Guide

What Do Wrongful Death Lawyers Do? Your Complete Guide

What Do Wrongful Death Lawyers Do? Your Complete Guide

Ready to quit asking yourself, ‘what does a wrongful death attorney do?’ If so, then here is your complete guide. Learn more here.

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When you lose a loved one because of the negligent actions of another person, you often experience a lot of unexpected expenses.

In addition, you need to pay for funeral costs and any medical bills that may have been incurred.

If this has happened to you, we express our deepest condolences. Losing a family member or loved one is always difficult, but we want you to know you’re not without options.

Below, we’ll answer what the best wrongful death lawyers do.

Keep reading to learn more!

What Is a Wrongful Death?

In the United States, everyone has the legal duty to maintain the safety of others in potentially dangerous situations, such as driving on the road or operating heavy machinery. They also possess the responsibility to make sure their property does not pose an undue hazard, whether that property consists of a private residence or a work environment.

Likewise, doctors have the responsibility to keep their patients safe and treat them to the best of their ability.

Of course, death is never completely preventable, and people die in cases that don’t constitute wrongful deaths all the time. If someone dies to the negligent actions of another person, though, you have cause for a wrongful death case.

What Is a Wrongful Death Lawsuit?

But what is a wrongful death lawsuit? And how does it differ from other parts of legal practice?

A wrongful death lawsuit occurs when a person and an attorney (or team of attorneys) seek compensation from the party responsible for the death of the loved one. In order to win a wrongful death lawsuit, they must establish that the other party had a civil duty to keep the loved one safe and brought about their death via negligent actions.

The lawyer also collects and presents evidence on how this has negatively impacted their client, such as costs the client has had to pay. This helps either the two sides decide on a settlement amount or the court determine how to rule, depending on whether or not your case goes to trial.

The Difference Between Wrongful Death Cases and Manslaughter/Murder Charges

It’s important to note that wrongful death lawsuits are civil cases, not criminal ones. The main objective of a wrongful death case is to get financial compensation, not send someone to prison.

In criminal cases, you and your lawyer need to prove beyond a reasonable doubt that the other party either intentionally killed your loved one or committed some action that resulted in the death of another. In civil cases, the burden of proof is much lighter; you only need to establish that the person had a duty to keep your loved one safe and failed that duty.

If you believe your case warrants putting someone else behind bars, consider pressing criminal charges in addition to your civil case. It’s possible to simultaneously have an open wrongful death case even if you believe the death constituted intentional homicide, but you should also pursue legal consequences in such situations.

What Do Wrongful Death Lawyers Do?

Navigating legalities and court systems seem stressful and overwhelming for most people, especially if they’re already dealing with the emotional and financial stress of losing a loved one.

Fortunately, wrongful death lawyers spend their careers studying and navigating their section of the law. They are deeply familiar with the legal process, and many have successfully won hundreds of thousands or even millions for their clients.

Below, we’ll show you what a wrongful death lawyer does during a wrongful death case.

Consultation

Before an attorney takes on your case, they will likely want to meet with you. This initial consultation often comes free of charge and poses an opportunity for you and your potential representation to get to know each other better.

The attorney asks questions about your case and determines whether or not they wish to take it at this time. Likewise, you have the chance to inquire about any aspects of their legal process and get a feel for whether or not you like this person.

Investigation

Once you and an attorney have agreed to work together, the lawyer will begin an investigation into the conditions surrounding your loved one’s death.

This might include looking at medical records, talking to people with intimate knowledge of the situation, etc. This might be an emotionally difficult process to get through, but it’s essential to getting you the financial help you deserve.

Demand

When your attorney feels they have enough information to make a demand, they’ll prepare a package and submit it to whichever insurance company covers the other party.

The insurance company will then have the opportunity to review the demand. At this point, they might offer a settlement. If they do, your attorney will review it and advise you on how to respond.

Lawsuit Filing

Should the amount not be sufficient–or the insurance company not offer a settlement–your attorney files a complaint, which consists of your legal arguments. The defendant then must respond, either with an answer (their own legal arguments) or a motion to dismiss, in which they ask the judge to dismiss your complaint.

Usually, judges do not grant this motion, and the lawsuit continues.

More Investigation

After these two documents have been filed, both sides start collecting evidence.

They present each other with the evidence they have collected to ensure the case remains as fair as possible. Often, they use this information to settle outside of court. In this situation, your attorney would make sure you get the money you deserve.

Going to Court

If you don’t settle, the court sets a date for a judge to hear both sides of the argument.

Attorneys from both parties will present their evidence and arguments. At the conclusion of the hearing, the judge will produce a ruling.

Need to Hire a Wrongful Death Attorney?

Wrongful death lawyers serve their clients by making sure they get the compensation they deserve after a loved one’s passing.

While death can be a painful experience, these attorneys make sure you get the money you need to recuperate your financial losses and focus on healing. They do this by navigating the legal system for you and refusing to settle unless you get a fair payment.

Need to hire a wrongful death attorney? Our team would love to fight for you. Contact us today for more information!