When someone you know has been killed as a result of gross negligence, violence or anything that could have been prevented, you may be able to file a wrongful death claim. Taking action to file a wrongful death claim can help you recover any compensation for damages that resulted in the loss of benefits such as care, benefits and/or an inheritance.
The best way to ensure that your rights are protected is to discuss the matter with an experienced wrongful death lawyer who has knowledge of how the law is applied in your state. The lawyer can help to determine if you have enough evidence to file a lawsuit or case against the defendant and what kind of damages you can receive is the case is filed. Your wrongful death lawyer will also be able to tell you how to settle the case. There is a certain amount of information that your lawyer will require such as physical evidence such as police reports, medical reports and physical evidence of the accident that caused the death as well as any samples such as drugs or even medical malpractice. These will be necessary for your lawyer to determine if you have a case to file.
Wrongful death can be hard to determine without sufficient evidence so you would need to do some research and gather evidence for your lawyer to examine. In some cases, an out of court settlement will be all that is needed. In such a case, your lawyer may prepare documents for you to negotiate with the other party and make phone calls on your behalf. However, if you find yourself dealing with a highly professional company, you may need a professional negotiator to help you. Depending on the nature of your case, if it ends up in a court, your wrongful death lawyer should be able to represent you through the entire process including getting the evidence you need and filing pleadings on your behalf.
If you are unable to settle the matter outside of court, your lawyer should be able to file a document through a court as a complaint to begin a wrongful death lawsuit. Your complaint will give the defendants time to respond and once they do, their answers will be viewed as responses to the claims made by you the plaintiff. In many states, a judge may try to have the matter settled out of court through a mediation meeting before a trial is set up. This allows you to resolve the matter outside of court, if this fails, then a trial will be set up.
Another way that your case may be filed is through an arbitration which is an alternative to court trials. This allows a judge to act as an arbitrator or to have a panel of arbitrators. The arbitration that is decided upon is like a verdict from the court.
Your lawyer can help you in filing for a wrongful death claim. If you are looking for a wrongful death lawyer, contact Eric J. Hertz, P.C. at www.hertz-law.com for a consultation or for more information.
“DISCLAIMER: The above article is provided for information purposes only and is not intended to be, nor should be considered legal advice. Legal advice can only be given by a licensed attorney in your jurisdiction following an individualized consultation. If you are seeking legal advice, please contact an attorney in your area.”