Here Are 8 Reasons You Should Hire an Attorney to Pursue a Wrongful Death Claim

Losing a loved one is emotionally distressing. When that loss is due to someone else’s negligence or recklessness, the situation becomes even more tragic. If you’ve lost a loved one under such circumstances, you can file a wrongful death lawsuit to hold the guilty party responsible.  

Considering hiring a wrongful death attorney but are unsure what it can do for you? This guide is for you. Here are eight reasons you should avail legal assistance for pursuing a wrongful death claim:

1. A Wrongful Death Attorney has Legal Knowledge and Experience

Filing any type of lawsuit is a long and complicated process. Navigating legal procedures right after losing a loved one is especially challenging. Wrongful death attorneys have years of experience handling cases and have the right resources to file a complaint swiftly. 

They have in-depth knowledge of personal injury law and medical malpractice. They also have experience in investigating deaths, including building a timeline and gathering evidence. 

A wrongful death attorney is aware of the state-specific statute of limitations, which is the maximum time that legal parties have to initiate legal proceedings. If you’re filing a claim in Las Vegas, a Las Vegas wrongful death lawyer will comply with laws and prevent any delays in the process.   

2. They are Familiar with Types of Wrongful Death Claims

Wrongful death claims are of many types with varying procedures and regulations. Common types include:

• Car accidents
• Medical malpractice, such as misdiagnoses, surgical errors, childbirth mistakes, and prescription drug errors 
• Construction accidents
• Premises liabilities
• Defective products

A competent wrongful death attorney has a diverse portfolio. You can ask the attorney to share their success rate. Hire an attorney who has a comfortable success rate with cases similar to yours. 

3. An Attorney Can Gather Evidence

In addition to filing a wrongful death claim, your attorney will gather the following evidence to prove the defendant’s negligence or recklessness:

Medical Records

This includes the death certificate, blood tests, and autopsy report to showcase a connection between the cause of death and the defendant’s carelessness. Medical records will demonstrate how the injury or illness progressed over time, contributing to the fatal outcome. 

Police Reports

If your loved one passed away in a car accident or at a construction site, having police incident reports can strengthen your case. The incident report might contain on-site photos and witness accounts. 

Witness Statements

A wrongful death attorney will reach out to eyewitnesses and encourage them to give testimonies. This will increase your chances of getting a fair compensation. 

Expert Testimony

Your attorney will reach out to an industry expert, who will provide an opinion under oath in the court of law. This testimony can come from medical experts, vocational experts, financial experts, and accident reconstruction experts. 

A wrongful death attorney will also document communication, such as Emails or messages, relevant to your case. Having a trusted individual gathering evidence for your case can take some load off your shoulders and allow you to focus on healing and getting back to life. 

4. An Attorney can Give You a Potential Compensation Value

A wrongful death attorney will closely study the strengths and weaknesses of your case and give you a potential compensation value. This will cover:

• Medical bills
• Funeral and burial costs
• Loss of income
• Pain and suffering

A wrongful death attorney will also assess your relationship with the deceased and the gross negligence of the at-fault party to predict a number. This will help you manage expectations. 

5. A Wrongful Death Attorney Can Help You Recover Non-economic Damages

Recovering non-economic damages is one of the most difficult aspects of filing a wrongful death claim. Wrongful death attorneys will use the following means to depict the emotional impact you and your family are suffering:

• Detailed record of how the loss has affected family dynamics. 
• Psychological evaluations to provide expert opinion regarding the extent of emotional suffering. 
• Testimonies from family members and close friends to indicate the role of the deceased and the emotional toll of their absence.  

Wrongful death attorneys also have detailed knowledge of the state laws regarding non-economic damages to advocate for fair compensation. 

6. An Attorney Will Negotiate on Your Behalf

Negotiating with the opposing party’s insurance company is quite difficult. Insurance agents aim to pay as little as possible and might use the following tactics:

• Offering fast but low settlements to give you little time to think or hire a lawyer. 
• Assigning fault to the deceased. 
• Claiming previous medical injuries are partially responsible for the death of your loved one. 
• Twisting your words or asking questions that can weaken your testimony.
• Prolonging the process by asking for unnecessary documents.

A reliable wrongful death attorney will handle all communication with insurance providers and relieve your burden. 

7. An Attorney Can Represent You in Trial

Most wrongful death claims are settled through negotiations. However, when the opposing party’s insurance company fails to provide fair compensation, you would need to appeal for litigation. A wrongful death attorney with courtroom experience will present your case persuasively, carry the burden of proof, and cross-examine opposing witnesses. 

They will also prepare you to take the witness stand, practicing your testimony with you, anticipating questions from the opposing lawyer, and teaching you how to answer them clearly and concisely. 

A competent wrongful death attorney will explain the entire litigation procedure, helping you stay calm and collected. 

8. A Wrongful Death Attorney Can Speedtrack the Process

Did you know an average wrongful death lawsuit can take one to four years to resolve? Multiple factors impact the processing time of your case, including the complexity of the case, your relationship with the deceased, and the depth of your evidence. 

Wrongful death attorneys have connections with industry experts who can fast-track your case. They will create effective strategies to ensure peace of mind for you and your family. 

Final Thoughts

While there is no compensation for losing a loved one to someone else’s negligence, filing a wrongful death claim is the first step toward financial and emotional well-being. Give yourself the time to heal and let an attorney handle complex legal procedures.