What is a Wrongful Death Lawyer?
When a loved one dies, it takes an immense emotional toll on their close relatives. If the death was caused due to the negligence of a person or company, the surviving relatives could file a wrongful death claim individually or through a wrongful death lawyer, depending on the state from which the case is brought.
What is a wrongful death
When a person, company, or agency can be held liable for the death of a person, a wrongful death claim can be brought. This claim is a civil action that the close relatives of the decedent, as enumerated by the state, file with the help of a wrongful death attorney.
Wrongful deaths are caused by the willful misconduct, civil rights violations, negligence, unlawful act, fault or omission of a person, company, or government entity. The precise action or actions that result in the descent’s death can make for an accidental death or wrongful death lawsuit and seek compensation for the surviving family members after the fatal incident.
A wrongful death could be the result of murder, civil rights violation, police shooting, a negligent or careless act, reckless, medical malpractice, driving, or many other cases where the accused brought the accidental or intentional death of a person.
Families and relatives can be affected in different ways, mainly financially and emotionally, so a wrongful death lawsuit will make a case to recover damages (usually monetary compensation) for this distress, caused by the death of the person.
How a lawyer can help
When dealing with a wrongful death lawsuit, finding a lawyer or attorney that knows their way around the case is very important. As with other cases, wrongful death settlements have different guidelines in every state, so how you handle a wrongful death claim in California is not the same as in another state.
As with any other type of lawsuit, the lawyers will represent their clients (in this case, the surviving family members or close relatives) in a trial and present evidence for their claims, seeking compensation for their losses and all the troubles the death of their family member may have brought.
Lawyers can also advise their clients on their obligations, legal rights, and what is the best way to proceed depending on the legal circumstances of the case.
To successfully file a wrongful death suit, the lawyer must research the legal issues and interpret laws, regulations, and rulings of the state and jurisdiction where the case is being brought.
Lawyers draw up legal documents like complaints, discovery documents, briefs, lawsuits, and appeals to obtain a just wrongful death verdict or settlement.
Why you should get a wrongful death lawyer
Just like most lawsuits, not many wrongful death lawsuits are ultimately tried before a jury. Lawyers usually work towards getting a settlement deal due to litigation expenses and risks, so they and their clients often try to avoid costly and risky trials. In this type of case, the wrongful death attorney can negotiate better bargains for their clients.
Lawyers can specialize in many different areas like criminal law, civil rights law, personal injury, criminal prosecution, criminal defense, tax, etc.
Finding a lawyer who knows the wrongful death laws of the state you’re filing the case in is tremendously important since the laws change from one state to the other.
Depending on the case, having a lawyer with different specializations besides wrongful death can also be beneficial for presenting the case. Civil rights cases against police or jail officers are especially unique, and most personal injury lawyers are not qualified to handle a civil rights wrongful death case.
Contacting a capable wrongful death attorney after a loved one has passed due to an accident or injury caused by the misconduct or the negligence of another person, entity, or company to bring legal action against those responsible may be the best available avenue for justice and compensation.
More on Wrongful Death:
- What is an Accidental death attorney?
- What is an accidental death lawyer?
- Why You Need the Best Wrongful Death Attorney
- Unlawful Death Lawsuits in California
- What You Should Know Before Filing for Wrongful Death
- 3 Common Types of Wrongful Death Claims
- Wrongful Death Damages You Can Recover
- California Wrongful Death Law - Top things you should know
- Wrongful Death Lawsuit vs. Murder Cases
- The Basic Elements of Wrongful Death Litigation
- Finding the Best Wrongful Death Attorney
- How a Wrongful Death Claim Works
- Pursuing Wrongful Death Settlements
- Recoverable Wrongful Death Damages in California
- Seeking Wrongful Death Settlements
- Suing for Wrongful Death in California
- What is a Wrongful Death Lawyer?
- Who can be awarded Wrongful death damages
- Who Can File a Wrongful Death Claim?
- Wrongful Death Damages
- Wrongful Death Negligence: the basics
- Receiving and Distributing Wrongful Death Settlements
- A Brief Overview of the Wrongful Death Litigation Process
- Available Defenses against Wrongful Death Lawsuits
- Quick Q&A on Wrongful Death Litigation
Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California. Call or email us for a free consultation.