Defining a Wrongful Death Action

Wrongful Death Lawyer

Dealing with the trauma of the unexpected death of a loved one is already a difficult thing to deal with on its own. It’s even harder when that loved one was someone you depended on for financial support. Many people currently live in two-income households, which means the sudden loss of one of those incomes equates to significant financial hardship. Unfortunately, this leaves you now dealing with a slew of emotional and monetary challenges, and having a hard time understanding what you should do next if you believe there was a wrongful death.

A wrongful death typically results from the negligence of another party. The negligent party can be an individual, corporation, or government entity, but they must be at fault for the untimely passing of a loved one to permit legal action.

When preparing a wrongful death action or lawsuit, you must understand the liability rules in your state. A wrongful death lawyer can help you understand such specifics and how they impact your potential claim. Keep in mind that when filing, you want your damages to be as specific as possible because the defendant will do everything in their power to limit their perceived responsibility.

Filing Damages

When determining the damages that you will file in your case, think about the emotional and tangible losses. You can file for pain and suffering or loss of companionship. You can also file for lost future income and to recover medical expenses.

However, while it is crucial to be careful and specific in determining damages, do not delay your decisions too long. Many states have a statute of limitations on wrongful death actions, typically two years. It is vital to file within the appropriate timeframe or risk the opportunity to recover financially.

Seeking Experienced Counsel

A wrongful death lawyer is not the same as a personal injury lawyer. Yes, the damages are similar, but that is because both cases are considered civil actions. When discussing wrongful death, you want to find an attorney with experience in estate law and negligence.

You will want to find a lawyer who advertises their expertise in wrongful death actions and does not shy away from providing references or statistics. It is also imperative that you find a lawyer who can speak on your level. 

You need to understand the strategy for your claim and the reasoning behind specific decisions. If you interview an attorney and they seem frustrated with having to explain their process, then find someone else to work with.

If you’ve been considering speaking with a professional, you might want to contact a wrongful death attorney from a law firm like Johnston Martineau, LLP to discuss your claim’s specifics and the potential for success. Figuring out how to move forward in life without your loved one is challenging enough without the added financial hardship.