How Can A Wrongful Death Attorney Help Me File a Claim?

Death is indeed inevitable and we all know it too. However, you are sure to be affected by the death of a loved especially when the concerned person ended his/her life due to the act of another.

The very first thought would be to grieve and promise to avenge the death. Melodrama will not help you though. You will need to get in touch with a wrongful death attorney with considerable experience to get you justice.

Yet you simply cannot hope to sue for damages and obtain it from the accused person without presenting evidence.

The famous case of OJ Simpson comes to mind here. The NFL player was slapped with a wrongful death case and was ordered to pay a whopping $33 million as damages to the family of the victims. It is indeed wise to tread with caution when contemplating a wrongful death case, therefore.

You have to prove conclusively that the fatal incident would not have taken place if the accused had not been negligent. It would also be wise to remain aware of the law, however. The lawsuits will differ with each state and a quality attorney at law will not be able to award you with the same amount of damages in Oregon as in Pennsylvania. In other words, you need to be abreast of the state laws in order to have the case being judged in your favor.

It is necessary for the case to be filed by a family member or a survivor named as the benefactor of the deceased person’s will. However, a valid executor of the estate who is not a family member might also do, if the judge approves of it. Simply filing the case will not guarantee you the amount in damages though.

There are too many incidents of wrongful death claims gone awry. It is definitely advisable to consult with a reputed wrongful death lawyer to avoid being humiliated in court.

Wrongful death claims can be dismissed in certain other circumstances too. The reasons include:-

• Relationship- A family relationship is not always straightforward. The spouse of the deceased may have filed for a divorce prior to the incident. The concerned child may well have been adopted or even a step child of the deceased. There are several other relationships that are considered to be too complex for awarding the damages. The evaluation of the relationship becomes pinpoint many a time. So make sure to have the documents in your favor.
  

• Car Accident – Being involved in a vehicle accident that resulted in death is surely enough to constitute a valid case? Unfortunately, it is not so always, especially if the deceased was at fault. It will be up to your lawyer to assess the situation and recreate the incident as closely as possible in order to absolve the deceased person completely. The judge may, however, be prepared to grant you the case even if both the car drivers had been partially responsible for the accident.
  

• Third Party – Dying painfully of catastrophic injuries is definitely traumatic for the surviving family members. The pain and grief are increased many times when you find that there is a third party that can be held responsible for causing damages and death. It is not always easy to pin-point the blame on this person though. You certainly need to explain the facts to your attorney and have him investigate the case thoroughly before the concerned individual can be asked to pay for wrongful death.
  

• Medical Malpractice- Death during or after a surgery is not very uncommon. However, you can always sue the concerned medical practitioner for wrongful death if you find enough evidence to prove that the professional had been negligent and failed to take proper care of the patient. It is essential to contact a top attorney who is well versed with medical malpractice suits and knows how to help you make the claim.
  

• Government – Public authorities as well as governmental bodies may also erroneously case the death of a person. Do exercise caution, however, while trying to claim damages for wrongful death in such instances. There are a number of restrictions to contend with while you sue the government. The amount you hope to receive is severely limited as well. It would indeed be better to consider the pros and cons carefully before going ahead and suing the government.
  

The Law Offices of Alvin F. de Levie can help you with your wrongful death case. Contact us at 844-777-2529 if you would like to discuss a wrongful death case. Our expert wrongful death lawyers can help you make the best out of our case.