Best Wrongful Death Lawyer

A wrongful death lawsuit is a legal action brought by the loved ones of a deceased person who died as a result of someone else’s negligence or wrongdoing. The law permits the deceased’s family members, known as “distributees,” to bring a wrongful death claim to recover financial damages. The purpose of a wrongful death claim is to provide financial compensation to family members who relied on the deceased person for both emotional and financial support.

Wrongful death pertains to a situation where a person’s death was caused by negligence, recklessness, or intentional conduct. Negligence means that the responsible party did not behave as a reasonably cautious person would have done in comparable circumstances. To establish that a wrongful death occurred, a lawyer must show that the person had a duty of care towards the deceased, that they breached that duty of care, that their wrongful behavior was the direct cause of the decedent’s injury or death, and that damages resulted.

Here are some examples of the most common causes of wrongful death:

• Car collisions
• Birth injuries
• Truck crashes
• Medical malpractice
• Workplace incidents

When determining the damages to be awarded to the loved ones of the deceased, the court will consider various factors. These factors comprise the relationship between the survivor and the deceased, the amount of net income the deceased provided to the survivor, the value of the deceased’s services, and the life expectancy of all parties involved. Depending on their relationship with the decedent, an individual may be entitled to certain benefits, which are described below:

• Spouse: A surviving spouse can recover damages for the loss of the decedent’s companionship and protection, as well as mental pain and suffering from the time of the injury.
• Children: Minor children can seek damages for the loss of parental companionship, guidance, and instruction, as well as mental pain and suffering from the time of the injury.
• Parent: Each parent of a deceased minor child can recover damages for mental pain and suffering from the time of the injury. Each parent of an adult child can also recover damages for mental pain and suffering if there are no other survivors.
• All: Each survivor can recover the value of lost support and services from the time of the injury until the decedent’s death, with interest, as well as future loss of support and services from the time of death, reduced to present value. Additionally, the survivor who paid for the decedent’s medical or funeral expenses resulting from the injury or death can recover those costs.

Apart from compensatory damages, the court may also impose punitive damages in cases where the offending party’s intentional, reckless, or grossly negligent actions resulted in wrongful death. These damages are intended to punish the party responsible and discourage similar behavior in the future.

Experienced attorneys understand the challenges that families face following a wrongful death and are committed to seeking fair compensation for them.

The right to file a wrongful death lawsuit can differ depending on the state. Each jurisdiction has its own laws regarding wrongful death, and the approach to this right can vary from state to state. Some of the individuals who may be entitled to file a wrongful death lawsuit are:

• Spouses: Generally, the surviving spouse has the first right to file a wrongful death lawsuit, and they are typically allowed to do so directly in every state that permits relatives to bring such a claim.
• Children: In many cases, the children of the deceased have an equal right to bring a wrongful death claim as the surviving parent. However, some states only permit a child to file a claim if the surviving parent is unable or unwilling to do so.
• Siblings and Parents: In most jurisdictions, siblings and parents of the deceased have fewer rights to bring a wrongful death claim. While some states allow them to do so in certain circumstances, others do not permit them to file a wrongful death lawsuit.
• Estate Representative: In certain states, surviving relatives of the deceased are not allowed to file a wrongful death claim under any circumstances. In these states, the right to bring such a claim is granted to the estate, and only the estate’s official representative is permitted to file the claim. Nonetheless, the proceeds from the lawsuit are still distributed to the decedent’s heirs.

What Types of Lawyers Handle Wrongful Death Claims?

There are various types of lawyers worldwide. Although any attorney can technically handle your wrongful death claim, it’s best to seek legal counsel who specializes in this area of law.

In general, attorneys can be classified into two categories. Some attorneys are general practitioners who take on a broad range of cases. The second type of attorney typically focuses on a particular area of law, and some may only handle a specific type of lawsuit. When attorneys concentrate to this extent, they can better understand the intricate details involved in a particular area of law. While the choice of attorney is up to you, you could benefit from seeking the guidance of legal counsel who has handled similar cases in the past.

What Does a Wrongful Death Lawyer Do?

When tragedy strikes, it can be overwhelming to think about how to find a wrongful death attorney amidst all the emotions. We understand that many people have been in your shoes, and we offer the following advice to help you locate the best wrongful death lawyers available to you.

Start with Your Network

Your first step should be to reach out to your network. Your friends and family members may be able to provide recommendations, and you trust their judgment. You might be surprised at the information available within your own circles.

Use Online Resources

Finding a great wrongful death law firm may be as simple as conducting a Google search. Using phrases such as “wrongful death lawyers,” “wrongful death attorney,” or “best wrongful death lawyers in Michigan,” for example, will provide you with a list of options. Use these search engine results to compile a list of law firms that you may want to consider working with. Additionally, while conducting your search, be sure to read the firm’s reviews to get a sense of their client satisfaction.

You can also check aggregator sites such as Avvo or Super Lawyers to see how others have rated wrongful death lawyers in your area or across the country. The internet is an excellent resource for comparing numerous wrongful death lawyers at once.

Ask for a free consultation

It is always recommended to have an initial consultation with a potential attorney before hiring them to handle your wrongful death claim. During this consultation, you can inquire about your right to recovery, the viability of your case, or the legal process in general. Asking questions to your wrongful death lawyer during your initial consultation can help you make the most of your meeting. We’ll see what questions to ask in the next part.

How many years of experience do you have in your practice?

While having extensive experience isn’t the only factor to consider, it provides insight into the types of cases the lawyer has handled in the past and their approach to cases similar to yours.

Have you worked on similar cases before?

Although every case is unique, it’s ideal to find a lawyer who has experience with wrongful death, injury, or related cases.

What should I expect during our meetings?

This question will help you understand what to anticipate as you work with the lawyer. Will they be available for regular meetings? How frequently will you meet? Knowing these details can assist you in determining whether they are a suitable fit for you.

What are your fees?

It’s essential that your lawyer is transparent about their fees. This information will help you determine whether their fees fit your budget, and whether you can trust them. If a law firm is not forthcoming about their fees, it may be best to look for someone else.

In a wrongful death case, damages are typically divided into two categories. The first category is for the claims that the decedent accrued before their death. The second category is for the losses that the plaintiff incurs due to their loved one’s death.

The first type of compensation is essentially what the decedent would have been entitled to if they had survived. This usually includes compensation for any medical expenses related to the decedent’s final illness or injury, as well as pain and suffering. The courts allow these claims to proceed because denying them would essentially reward a personal injury defendant if their victim dies from their injuries.

The second type of compensation is for the losses that the decedent’s close family members may experience due to their untimely death. For those who depended on the decedent financially, these claims can provide much-needed financial support. This type of claim can also seek compensation for the loss of emotional support that a surviving family member experiences, as well as for the household chores that the deceased person performed.