The death of a loved is one of the most devastating events that can happen in a person’s life, and there are no words to describe this experience. However, things can get even more complicated when this incident is caused by the misdeeds, recklessness or illegal conduct of another person or entity, and even though you are filled with confusion and anger in that moment, justice for your loved one and against the third party should always be your sole focus.
Your best approach in this situation is to file a case against the responsible party and seek the reparations provided by the law. In order to do so, you need to understand your legal rights and know the necessary steps to take in the process.
Here is our guide on how to fight for the wrongful death of a loved one:
1. Consult a Wrongful Death Attorney
Before anything else, get in touch with a reliable and experienced wrongful death lawyer in your area as soon as possible. The experts at Blumenshine Law Group explain that the attorney will be able to help you through the whole difficult process; from discussing the details of the incident that led to your loved one’s death, to asking questions about compensation for the financial and emotional loss incurred. They will know all the necessary steps to take to present a strong argument in court and help you to understand the relevant laws.
With so many emotions involved, it is best to have someone who has experience in dealing with similar cases in order to make the best decisions. With offers from the responsible party and their insurance company (both of whom will be looking to limit your compensation), you need an attorney who will advise you on what is the right offer and fight on your behalf.
2. File your Case before the Statute of Limitations Expires
The statute of limitations is the timeframe established by the state’s laws within which a person has to file a wrongful death lawsuit after the incident has happened. If you miss this deadline and fail to file your lawsuit, there is a high chance that you will be precluded from pursuing justice or a claim for damages for the wrongful death of your loved one. This period of time varies from state to state so make sure that you do your research so you don’t miss the deadline. There are other deadlines which also apply to a wrongful death case, such as your timeframe for making the initial insurance claim, so make sure you act promptly if you feel you have a case.
3. Prepare your Case
With the help of your wrongful death attorney, you will be able to gather all the necessary evidence and prepare a convincing argument on the amount of compensation that you believe you deserve. This step is called preparing the case, and in order to make a winning argument to the judge and jury, you will need every element to be just right to fully back up your claims. Once you have presented your case, it will be up to the court to make the official decision, and this procedure will take a while to complete.
4. Seek Justice and Compensation for your Loss
Once the decision has been made that the death of your loved one was indeed a wrongful, justice will be served accordingly.
You will be compensated deservingly with an amount split into two parts:
– Economic losses include the financial support, benefits and services that would have been provided if not for the incident.
– Non-economic damages include the loss of love, companionship, protection and guidance that the incident has caused you.
Whilst compensation in the form of money will not bring your loved one back, it can help to ease the sense of grief and injustice from your loss, and provide a financial security blanket for the future after the passing of your loved one. It is important that you remember this so that you do not put any guilt on yourself for seeking financial damages.
Every year across the world, people lose their loved ones due to the negligence, recklessness or illegal conduct of another person or business. Whilst this is not something that anyone wants to think about, the best thing you can do in such a situation is to stay calm and surround yourself with the right people that can help you to obtain justice. With an experienced wrongful death lawyer by your side, you can have the peace of mind that will help you to come to terms with the loss and make sure that you get the compensation that you deserve.
