Your life will never be the same thanks to the careless or reckless behavior of another person or company that led to the loss of your family member’s life.
In these devastating situations, filing a wrongful death lawsuit could be a legal right you have to seek justice and damages on behalf of that lost family member with the help of a Philadelphia wrongful death lawyer. At Rand Spear – The Accident Lawyer, we help clients in Pennsylvania and New Jersey file wrongful death lawsuits to get justice.
What to Expect When Filing a Wrongful Death Lawsuit
A wrongful death is any instance in which a person dies as a result of another person’s negligence or reckless behavior. These types of accidents can occur for many reasons, but they result in injuries that lead to fatalities. Some of the most common causes of wrongful death include:
- Car and truck accidents
- Motorcycle accident
- Premises liability accidents
- Pedestrian accidents
- Medical malpractice
- Workplace accidents
The U.S. Centers for Control and Prevention states in its Accidents or Unintentional Injuries report that each year, 227,039 people die in the country as a result of an unintentional injury, with 44,630 of them being from falls and 44,534 of them stemming from motor vehicle accidents.
While not all of these are brought on by the actions of others, if you believe your case was, you need to speak to a wrongful death attorney who can help you file a claim. Filing a wrongful death lawsuit is complex and must be done comprehensively to ensure your loved one gets justice.
Determine Fault and the Value of the Claim
If you are the close family member of the person who died or the representative of the estate, you may be able to file a lawsuit against the party responsible for the losses.
To do that, your first objective is to gather evidence that backs up your claim that the death was a wrongful death event by proving the party acted in a negligent manner that led to the death. This requires careful consideration of evidence to determine the cause of the accident and your ability to prove it.
With the help of a wrongful death attorney, you may be able to gather evidence from resources not otherwise readily available, including medical records, expert witness statements, driving records of the person who caused the accident, and traffic footage. Since each case is so vastly different, it will be critical that you comprehensively establish evidence related to the situation. Your attorney will ensure this happens.
Once this step is complete, it is then necessary to calculate the value of a wrongful death case, which will range widely. It may include the damages from the medical bills, funeral and burial costs, lost time at work prior to death, and pain and suffering your family member faced.
Additionally, if you were financially dependent on this person and can demonstrate that, you may be owed compensation for those losses as well, and our client testimonials tell that story.
Steps to Filing a Wrongful Death Lawsuit
With all of the necessary information to move forward, you and your attorney can then file a lawsuit against the at-fault party. You must ensure that you complete all of the necessary documentation to file a civil lawsuit, which typically begins with filing a complaint or petition.
The petition alerts the defendant to the action you are taking, with factual and legal grounds for the action. You must also file a summons, which is a document that requires the defendant to be told they are being sued and where the case is being heard.
All documents must be shared with the defendant involved in the case during the service of process procedure. The defendant is given time to review the complaint before any additional action is taken.
In most situations, you will work with your attorney to negotiate compensation for the damages suffered, working to meet the insurance company’s requirements if they are within the letter of the law. Note that some cases will go to trial, meaning that the court will decide the outcome of the case.
The steps to filing a wrongful death lawsuit can be complex because they take a good understanding of the law and legal framework required within your state.
With the help of a wrongful death attorney, you may be able to minimize any risk of making mistakes that could cost you additional losses. While this can seem like an urgent process, most wrongful death cases take a long time to process with insurance and then trial, but having an attorney may help mitigate some of that delay.
A Wrongful Death Attorney Can Provide Outstanding Support to You
With the help of a wrongful death attorney, you gain the knowledge necessary to build a strong case and maximize the claim you make. Your attorney has the insight to help you spot concerns that you may not have noticed before, including various types of damages you may be owed over and above what you expect.
There are numerous other benefits to working with a wrongful death attorney to file a lawsuit:
- Have a powerful advocate by your side. They can provide you with the guidance and support you need in navigating the legal system and holding the insurance company accountable.
- Expect outstanding negotiation skills. Your attorney will not let the insurance company limit your ability to recover the damages you are owed.
- Have trial support. Going to trial is not uncommon in these cases and requires careful knowledge of the laws and rights of all parties.
Hiring a wrongful death attorney empowers you to put the most pressure on those who caused this to happen. It provides you with the knowledge and resources you need from an attorney who has helped others achieve these outcomes.
Do not settle without legal representation, and read through our frequently asked questions to learn more about your case.
Contact a Wrongful Death Attorney Before Filing a Lawsuit
At Rand Spear – The Accident Lawyer, we work diligently to protect our clients’ rights in every type of personal injury case. When you want to file a wrongful death lawsuit to hold those who hurt you accountable, there is no more important decision to make than the attorney you hire.
Contact our legal team today for a free consultation.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
