When a loved one dies due to the negligent or intentional acts of another, the family may be entitled to compensation. Not only does this help the surviving family members, but it also helps to ensure that those responsible for these deaths are held accountable.
A wrongful death lawyer can help you determine what damages are recoverable in your case and how to prove them. They can also assist with gathering evidence to build your case and negotiating a settlement.
Damages
Damages are the monetary sum awarded to cover expenses, loss, pain, and suffering resulting from a person’s injury or death. This amount is typically negotiated as part of an out-of-court settlement or in a wrongful death case that goes to court and is decided by a judge or jury.
A wrongful death lawyer can help you recover damages for your losses from the at-fault party who owed your family a duty of care to protect them from harm. The compensation you receive will help ease the financial burden of your loss and move you forward with your life as a family.
Several types of damages can be sought in a wrongful death lawsuit. These include economic, non-economic, and punitive damages.
Expert Witnesses
Wrongful death lawsuits can arise from all accidents, including car crashes, trucking accidents, workplace injuries, medical malpractice, and product liability. They can also stem from the intentional acts of another person.
Moreover, experienced Philadelphia wrongful death lawyers can help you with several aspects of your legal claim. These include proving the defendant’s liability for your loved one’s death, determining your eligible damages, and collecting evidence.
For example, suppose an individual inflicted harm on someone, and eventually, the latter died. In that case, the police and courts will likely want to hear from an independent psychiatrist as an expert witness. The psychiatrist will form an opinion of that individual’s mental state at the time of the commission of the offense and could help challenge the conviction.
A case conference should be held between the experts for cases with significant dissenting views. It will allow them to discuss their views and ensure they understand each other’s opinions, thereby reducing the number of issues in dispute before a court.
Gathering Evidence
Wrongful death lawyers can gather evidence to help a plaintiff in a case. It can include obtaining records from the accident scene and speaking to witnesses.
Proving liability in a wrongful death case requires the plaintiff to establish a duty of care, a breach of that duty, and causation (the link between that violation and the wrongful death).
A wrongful death lawyer can provide a strong case by ensuring they follow the proper procedures for gathering evidence. It includes issuing subpoenas and interrogatories and following rules for the discovery process.
It can save a plaintiff from going through a tedious and time-consuming trial or hearing where they must convince a judge or jury that awarded damages are necessary in their case. The right wrongful death attorney can also ensure that they meet the statute of limitations for a wrongful death lawsuit, which may vary from state to state.
Representation
Losing a loved one is a devastating experience, primarily when the negligence or carelessness of someone else causes the death. When that happens, a wrongful death lawsuit can help you seek compensation for your loss.
A wrongful death lawyer can go toe-to-toe with insurance companies and negotiate the best possible settlement for your case. They will also represent you if the case goes to trial, providing expert testimony and fighting for your rights.
The legal aspects of a wrongful death claim can be highly complex, so you must hire a law firm with extensive knowledge and experience in these types of cases.
A wrongful death lawyer can also guide you through the legal process and provide support as you recover from your losses. They can also ensure that critical evidence is preserved and properly prepared for use in your claim.
