What is wrongful death?
Wrongful death arises when someone dies due to negligent acts caused by another person. In a wrongful death scenario, the criminal charge (if any) against the offender is separate from the compensation claim process. Whether the defendant is convicted or acquitted of the criminal charges does not affect the civil process of seeking compensation.
Must I hire a lawyer to represent me in a wrongful death claim?
Engaging professional representation is immensely beneficial, whether in a wrongful death case or any other personal injury claim. A lawyer experienced in negotiating and litigating personal injury cases involving wrongful death understands all the legal basics that must be satisfied for a claim to be valid. You also stand to benefit from their negotiation skills, as the insurer will certainly not award the damages on a silver platter.
Most importantly, the claim must satisfy the four elements of negligence–duty, breach, causation, damages–without which it may be deemed invalid. This requires gathering evidence and presenting the facts clearly to demonstrate how the death affected your lives. In short, hiring a lawyer maximizes your chances of getting a fair settlement. And in case the claim fails to settle, necessitating proceeding to trial, the lawyer will prepare the essential evidence, file the lawsuit, and provide the best representation possible.
Here at the LMD Injury Lawyers, Accident Injury Attorneys, we have a team of experienced lawyers who can litigate your case aggressively should the need for going to trial arise.
How much can I get from a wrongful death claim?
Usually, there is no predetermined settlement for wrongful death claims. Even after years of negotiating and litigating wrongful death settlements and judgments, we cannot predict how much your claim might fetch.
Generally, the settlements vary from one claim to the other depending on factors such as the decedent’s age at the time of death, their future earning potential, pre-death medical expenses, number and age of dependents, etc.