Statistically, hundreds of thousands of people die each year from a death that was preventable, a death that was brought upon by the actions or non-actions of another person. wrongfuldeathsouthflorida lawyers can help you fight the injustice of a system that is geared towards a privileged class of people. The emotional scars from the loss of a loved one to an untimely death cannot be seen with the human eye but are felt within the human heart. With the help of diligent wrongful death attorneys who actually care about your situation, you can begin the healing process when they bring the perpetrator or perpetrators to justice. A financial settlement cannot bring a loved one back but it can punish the wrongdoer in a way that will hurt them. A wrongful death lawyer can also make sure that monetarily the victim’s family will be taken care of for years or maybe even decades to come. Here is a basic step by step process to get justice for a wrongful death claim.
Step One: You will need contact a wrongful death attorney to find one who will take your case. Out of all these lawyers that you call there will be one who should see the merits of your case and accept the responsibility of representing you in your claim.
Step Two: Most wrongful death attorneys will try to get you a settlement right away but if the insurance company refuses to settle then your attorney will file a complaint to begin the wrongful death case. At this point, you will begin to be referred to as the plaintiff and the other person or company will be called the defendant. You will now have the defendant served papers. 80% of wrongful death suits are settled out of court. But assuming that the defendant disputes all claim that they have made a mistake that has taken someone’s life then the next step begins.
Step Three: Now the discovery process will take place this is where both the defendant and the plaintiff get to see all witness depositions and any pertinent evidence from both sides.
Step Four: Before the case goes to trial, this is when both sides make their legal arguments. This is when many motions take place such as a motion to suppress certain evidence or even to dismiss the case altogether. Your lawyer will take your case all the way to end as long as your case has merit.
Step Five: This is when the court system either with the judge or a mediator will have your lawyers and the defendant’s lawyers try to come to a settlement to avoid costly trials and come to an agreement now instead of going into any further proceedings.
Step Six: This is when the trial date is set and it is when you decide if you want a jury trial or not. Most wrongful death lawyers prefer a jury trial as juries tend to award much larger sums of money than non-jury trials. Now is when there will be witnesses and expert witnesses brought in to repudiate each other’s findings. At the end of the trial, there will be a verdict.
Once the decision has been given both sides have the right to appeal the case verdict. If you win your case and all the appeal processes have been exhausted then the defendant will be required to pay you. If for some reason they do not pay there are many collection techniques that your attorneys have at their disposal in their collections arsenal that they may use to get you’re awarded case judgment.
Knowing Your Options in Wrongful Death Cases
A wrongful death can be one of the most difficult situations for a family to have to experience. Legally defined as the death of an individual as the result of the negligence of a person, company, or other legal entity, wrongful deaths are some of the most complex and challenging to handle cases in the legal realm as well. Unlike a car accident or a slip and fall accident where victims work to recover damages inflicted upon them, these cases center on the family of the victim killed and involve the recovery of much more personal and indirect damages.
There are a number of circumstances that can lead to the wrongful death of an individual. Medical malpractice cases can involve things like misdiagnoses or mistreatments that can introduce patients to unnecessary substances or procedures. Occupational hazards can leave workers in unnecessary danger, exposing them to harm that would otherwise be avoided through proper safety precautions or care. Defective or poorly manufactured equipment can cause fatal damage even through normal and otherwise safe use. Even vehicular accidents on the road, in the water, or in the air can cause unneeded deaths through negligence behavior. Any accidental death caused by the lapse in judgment of someone else can be grounds for a wrongful death case.
It can be difficult to understand what steps should be taken after the wrongful death of a loved one. Those survived by the victim are faced with countless troubles ranging from impending funeral preparations to worries about the loss of a major source of income. The damages caused by a wrongful death can reverberate throughout an entire family, and permanently alter the flow of life, especially if a primary earner is killed. The actions taken in the wake of such an accident are therefore vitally important and can determine the entire future of the family of a victim.
Because of the weight of the situation, looking to a qualified wrongful death lawyer should be one of the first steps you take in such an unfortunate event. These legal professionals will be able to carefully explain whether or not a case is possible and if so, lay out what options are available to you. If you attempt to navigate through the legal process without this legal assistance, you can easily find yourself misrepresenting your case, leaving you susceptible to a much lower level of compensation than what is rightfully owed to you.
Calculating compensation in these cases is much more complex than in an accident, where victims look to recoup the costs for things like medical bills, car repair payments, or reimbursement of lost wages from time away from work. Instead, this kind of compensation, known as pecuniary damages in wrongful death cases, is a much more subjective valuation, attempting to quantify the victim’s future earning potential and any and all financial damages inflicted upon the rest of the family through things like funeral and burial costs.
Liability can also be a challenge to properly assign in these cases. Blame may simply fall on the negligent or unsafe behavior of an individual, or it could come from a procedural error from a company itself. Again, misjudging fault in such a case can do damage to the legitimacy of your claims, and reduce the level of compensation you are awarded. A wrongful death lawyer will be able to sift through the available evidence and make an accurate judgment on who is to blame in the ordeal, ensuring that proper retribution can be had.
It may feel like an unnecessary burden to add a stressful legal battle onto such an already troubling time, but failing to take legal action could find you suffering the consequences of the loss of your loved one for the rest of your life. By seeking justice and compensation from those responsible for the death of your loved one, you can receive the financial assistance you need to continue on into the future, and achieve a greater level of closure as you move into your next stage of life.