The family members of the deceased individual can file a wrongful death case against the person responsible for the death. The survivors don’t just want justice for their loss, but also compensation for medical expenses, funeral expenses, loss of future earnings, and loss of financial support.
The family members can also seek compensation for the loss of love, comfort, and companionship. Wrongful death can be the result of neglect, accident, recklessness, deliberate intent, or medical malpractice. A wrongful death case is different from a personal injury case, which is why you need to hire an injury lawyer who specializes in such cases. Here’s a look at how they can help:
1. Determine if You Have a Valid Case
Wrongful death cases are complicated, and the burden of proof rests in the hands of the plaintiff. The preponderance of evidence determines the success or failure of the case. Experienced lawyers know how these cases work and what it takes to win them. They will study all of the facts and statements carefully to determine if the case is valid. They will also offer an unbiased and honest opinion on the matter, which can help you make the right decisions.
2. Collect Evidence
You need to prove that the defendant has caused wrongful death by not providing the medical assistance the patient required. You also need to prove that the defendant was responsible for the victim’s care and healing. For example, if a patient dies because of an incorrect diagnosis, or because they did not receive treatment on time, their doctor can be held responsible for the death.
Legal professionals will collect all the evidence needed to prove this case. They will get a second opinion from other medical professionals, obtain witnesses’ statements, and consult local laws on the matter. Substantial evidence is the foundation of any wrongful death case, and lawyers know how to organize all of the facts.
3. Explain the Legal Process
Most survivors of wrongful death victims aren’t familiar with the legal process. They don’t know the laws and aren’t aware of what kind of paperwork they need to file. Experienced lawyers will explain the entire legal process to you so you can understand everything that is involved. They will explain the evidence they have collected, tell you about the defendant’s team, and support you through the negotiation process. Good lawyers always keep the communication lines open and make sure their clients are familiar with the proceedings.
4. Negotiate with The Defendant’s Legal Team
Most wrongful death cases are resolved and settled out-of-court. Your lawyer will negotiate with the defendant’s legal team. They will demand adequate compensation, present the facts of the case, and make sure your interests are protected. The lawyers will also make sure no one pressures you into making a decision that goes against your interests. If you don’t have adequate representation, it is easy to become intimidated by the legal team of a large medical facility. A good lawyer will have the experience and skill to handle such high-stakes situations well.
5. Take The Case To Court
If the negotiations fail, the case will have to go to court. Your lawyer will present all of the facts to the judge, file the required paperwork, and argue your case in court. Many personal injuries and wrongful death lawyers hesitate to go to court and will also encourage clients to consider a low offer. You should hire someone with experience in court cases and make sure they’re willing to fight the case in court if required.
A lawyer will help ensure you get justice and offer straightforward advice throughout the case. An experienced professional will also increase your chances of getting the compensation you deserve.