Filing a claim after a fatal accident is one of the most emotionally challenging experiences for families to endure. While no amount of compensation can replace a loved one, pursuing a wrongful death claim is a necessary step for many families seeking justice and financial stability. Our friends at David & Philpot, PL, have shared some guidance on the process to help those affected find their way during such a difficult time.
Understanding Wrongful Death Claims
A wrongful death claim is a legal action taken when someone’s wrongful act, negligence, or breach of duty results in another person’s death. These claims allow the deceased’s beneficiaries or estate to seek damages that cover medical costs, funeral expenses, lost wages, loss of companionship, and other losses.
Secure Legal Representation
Before filing a wrongful death claim, it’s advisable to consult with a wrongful death attorney who can provide you with guidance tailored to your specific situation. They will help protect your rights throughout the process and work to gather the necessary evidence to support your claim.
Gather Essential Documents
Start collecting all documents related to the incident and your loved one’s death. This includes police reports, medical records, death certificates, and any relevant communications with insurance companies. These documents will be critical in building your case.
Notify Responsible Parties
Your attorney will help you identify all parties who may be held liable for the death and notify them about your intent to file a claim. This notification is the first formal step in the legal process.
Documentation Of Financial Impact
Compile details regarding the financial impact of your loss. This includes not only the deceased’s past and future expected earnings but also any medical or funeral expenses incurred. Your lawyer can assist you in detailing these economic damages.
Non-Economic Damages
Apart from economic damages, non-economic damages such as pain and suffering, loss of companionship, and emotional distress are also crucial components of a wrongful death claim. Although these are more challenging to quantify, your attorney will advise on how to approach these claims.
Filing The Claim
Once you have all the necessary documentation and have assessed the full impact of your loss, your attorney will file the claim on your behalf. This claim will detail the circumstances of the death, the evidence supporting your case, and the compensation you are seeking.
Negotiations And Settlement
Many wrongful death claims are settled out of court. Attorneys like those at David & Philpot, PL can attest to the fact that negotiation is a skill that balances assertiveness with the need for compassion and understanding. Your attorney will handle these negotiations to ensure the settlement reflects the full extent of your loss and that you are compensated fairly.
Proceeding To Trial
If a settlement cannot be reached, the case may go to trial. During a trial, both sides will present their evidence, and a judge or jury will make the final decision regarding liability and damages. Your attorney will prepare and present your case, aiming to secure the justice your loved one deserves.
Contact A lawyer Today
If you find yourself needing to file a wrongful death claim, remember that you do not have to face this challenging time alone. Get in touch with a lawyer to find the support you deserve.