What Does a Wrongful Death Lawyer Do?
Let’s start with an honest note: we hope you never need to bring a wrongful death case. But if a loved one of yours met with an accident that cost them their life because of someone else’s negligence or recklessness, you must understand what a wrongful death lawyer does, how they can help, and if you will need one.
A wrongful death lawyer specializes in civil lawsuits associated with the death of a person because of another’s wrongdoing, which may be negligent or reckless behavior or intentional actions. Causes of wrongful death include:
- Car accidents
- Medical malpractice
- Defective products
- Unsafe work conditions
- Slip and fall cases
- Pet attacks
When someone dies a wrongful death, their family members or estate can file a wrongful death lawsuit to recover damages from the at-fault party. Besides handling civil lawsuits, an Anaheim wrongful death lawyer may be adept in personal injury cases.
When Does an Accident Qualify for a Wrongful Death Claim?
A wrongful death lawyer’s work involves establishing that the surviving family of the victim has the legal right to pursue damages against the negligent party.
The decedent must have originally had the right to bring a personal injury claim if they made it through the incident; if they passed away, the surviving family members get the right to bring a wrongful death claim.
So, a wrongful death claim is possible if the circumstances of the accident entitle the decedent to make a personal injury claim had they survived.
Who Can File a Wrongful Death Lawsuit in Anaheim?
In Anaheim, surviving family members, heirs, and the estate of the deceased can file a wrongful death lawsuit. They should contact a wrongful death lawyer to proceed with the legal steps. The lawsuit will be filed for the deceased and their surviving family members.
The person filing the lawsuit should provide the names of all the survivors who may benefit from any settlement. Children, spouses, parents, or relatives (who were directly dependent for support) of the decedent can file a wrongful death lawsuit. The primary beneficiaries are, however, usually spouses and children. Also, an unmarried person’s child may benefit if the deceased parent was identified before birth and was providing support.
How Does a Wrongful Death Lawyer Pursue a Lawsuit?
A wrongful death lawyer in Anaheim need not establish liability by proving criminal behavior. However, like other personal injury lawsuits, the claimant must demonstrate certain facts to succeed in the lawsuit.
A wrongful death lawsuit can be based on incidents involving and not involving criminal liability. Here are two examples:
- Criminal Liability: Driving under the influence is negligent conduct since it indicates a person chose to drive after taking alcohol or drugs and putting others in danger. A death caused by a vehicle involving an impaired driver may set the base for a wrongful death lawsuit. Determining a criminal conviction will build a strong base for a personal injury lawsuit.
- Without Criminal Liability: The person responsible for the accident need not be criminally responsible. For instance, medical malpractice cases fall under civil liability even though the surgeon’s actions weren’t criminal. So, if a physician fails to diagnose cancer properly, delaying treatment and resulting in the patient’s death. The physician’s failure to diagnose cancer isn’t criminal, but they may be held responsible for the losses and expenses resulting from the patient’s death.
Now, while criminal negligence is not required to make a wrongful death claim, a wrongful death attorney must be able to prove the liable individual’s behavior was negligent, reckless, or intentional. Following this, the lawyer must prove the person’s negligence, recklessness, or intention caused your loved one’s death. The claimant must show that their family members suffered damages.
Key Responsibilities of a Wrongful Death Lawyer
Initial Case Evaluation and Guidance: A lawyer will begin with an initial consultation to assess the potential for a case, looking over details provided by the family to assess if negligence contributed to the death. The accident attorney Anaheim advises the family on their options, explaining what a wrongful death claim involves, what to expect, and how the legal process will unfold.
Thorough Investigation: Once the lawyer determines there’s a valid case, they will undertake a detailed investigation to gather evidence supporting the claim. This may include reviewing medical records, and accident reports, and interviewing witnesses. In complex cases, they may collaborate with experts such as medical professionals or accident reconstruction specialists to build a compelling case.
Filing a Wrongful Death Lawsuit: When the investigation is complete and a strong case has been built, the attorney will file a lawsuit on behalf of the family, which starts the legal process and asserts the family’s right to seek compensation.
Settlement Negotiations and Trial Preparation: A wrongful death attorney will negotiate on behalf of the family, aiming to secure fair compensation without a lengthy trial. If a settlement cannot be reached, the attorney will prepare the case for trial. This includes organizing evidence, preparing witnesses, and crafting opening and closing statements.
A wrongful death lawyer provides vital legal assistance to families who have lost a loved one in tragic circumstances. Their role offers legal expertise, support, and a pathway to justice.
Also Read: What is a Slip and Fall Accident?
