A personal injury case may turn to a lawsuit for wrongful death. This happens when the injured person succumbs to the injury or expires due to negligence of authorities or an individual. A wrongful death lawsuit is filed to claim compensation for such unfortunate death. In such cases, the compensation is claimed and received by the dependent of the person killed in the incident. Any form of personal injury including work place accident, slip and fall, medical negligence and automobile accident can result in wrongful death.
Legal perspective
State and Federal laws entitle the dependents to claim compensation for wrongful death of the person on whom they depended financially. There are personal lawyers specialized in handling such lawsuits and helping the dependents of the killed victims in getting maximum possible compensation. Death and accident is uncertain so it is better to gain some insight on how personal injury lawyers can help in such cases.
Role of personal injury lawyers
- Personal injury lawyers can guide the family members or dependents through the entire legal process of claiming and receiving compensation. Such lawyers having experience in dealing with wrongful death cases are proficient in gathering evidences, drafting the lawsuit, presenting the case and negotiating the compensation for their clients. Along with financial compensation the feel of getting justice helps in reducing the emotional sufferings of the dependants. However, it is duty of the aggrieved party to find and hire a personal injury lawyer as soon as possible after the death of concerned person. This helps in gathering crucial evidences and facilitates the claim process.
- Families suffering from accidental death of bread earner file lawsuit against the parties responsible for death. This may be a company, an organization, group of professional or an individual. Surviving members are also entitled to compensation from insurance companies in addition to the compensation claims. A personal injury lawyer may negotiate the deal with insurance company on behalf of client. Usually, insurance companies fix a low amount as compensation and it is expertise of the personal injury lawyer to negotiate and extract a justified demand for client.
- Quantifying compensation involves dealing with several parameters. It is hard to evaluate how much money can help the family or the dependent to sail smoothly. Personal injury lawyer dealing with wrongful death considers several issues related to quantifying the compensation. Other than the income potential of the person killed, the mental agony and trauma caused by the death to family members are also considered for quantifying compensations. He ensures that the client can survive the trauma and financial losses arising out of the death.
- The lawyer also explains the client about the maximum claim amount that can be demanded. A compensation claim can be settled quickly by keeping the demand at a rational level. Laws related to compensation for wrongful death or accidental death claims may vary from state to state. It is desirable to hire a lawyer or firm having regular presence in concerned state where the lawsuit is filed.
- There are cases where expert opinions are required for testifying merits of a wrongful death case. A personal injury lawyer engaged in dealing with a wrongful death case may hire services of such experts wherever deemed necessary. Such experts may range from medical specialists to accident specialists and rehabilitation experts.
Families suffering from wrongful death of near and dear ones find it hard to recover from the trauma of loss. It is hard for them to gather evidences and present their legitimate claim to appropriate authority. Personal injury lawyers help them to sail through this crisis period and find some solace in getting their dues. It is imperative for aggrieved parties to get in touch with a personal lawyer as soon as an accident or wrongful death.
About the Author:
The above article is written and edited by Roxie, who is a freelance writer for many finance websites and blogs like easy finance. In her free time she writes articles related to finance, money saving tips etc.
