Of all the experiences that a person could go through, the loss of a loved one is undoubtedly the most profound and scarring experience. It’s even more heart-wrenching and devastating in those instances where this incident occurs because of the carelessness or deliberate act of someone else. This pain may be compounded by feelings of anger, confusion, powerlessness, and frustration, therefore making it hard to navigate through the intricacies of a legal claim. Knowing one’s way around a wrongful death claim is important in these very sad situations. This is not necessarily about seeking justice but also about finding a way to heal.
A wrongful death claim is when a person dies as a result of someone else’s negligence or an intentional act. It could be an auto accident, medical malpractice, workplace accident, or any incident where a tragedy has occurred because of negligence or an act of carelessness. The left-behind families could be entitled to compensation, which includes at least the immediate expenses of medical bills and funeral costs and can also include long-term effects such as lost income, emotional suffering, and deep deprivation of companionship. Understanding this sensitive interplay of sorrow with the law will give you a better perspective and the necessary tools to navigate each area.
Consult a Wrongful Death Lawyer
Once you are ready to seek legal options, you should consider seeking the service of a wrongful death lawyer. Wrongful death lawyer Edwardsville offers an invaluable service to those seeking justice when a loved one has been taken from them. They will be able to offer the much-needed guidance concerning your rights and options going forward. They will explain the specific statutes governing the filing of wrongful death claims in Edwardsville. They are also very important in evidence collection, negotiation with insurance companies, and seeking fair damages due to your loss. You should hire a lawyer who will be able to assist your family with their needs and guide you through everything you’re going to need to get through the confusion and complexity of the law.
Gather Evidence
While navigating your grief, it’s important to begin gathering evidence related to the incident. This may include:
- Medical records
- Police reports
- Photographs of the scene
- Witness statements
- Any supplementary documents supporting your claim.
Evidence collection is paramount in every wrong death claim. During this stage, several documents and pieces of information are gathered in support of the case. Your lawyer would base his stance on such documents to prove what exactly happened at the time of death. Additionally, statements of the witnesses are also of great importance because their stories may provide all the minute details required to support the claim. At other times, expert testimonies can come in to explain the intricacies of issues regarding medical malpractice or even safety violations.
The Claim Process
Filing a wrongful death claim is an indispensable process for any family who has lost a loved one due to a person’s negligence or wrongful act. The entire process usually begins with an investigation to establish liability. Once this investigation is complete, your attorney will file the wrongful death claim. This involves all parties to the case, the cause of action, and the damages requested. The document is considered the beginning of the litigation process. The normal follow-up from filing is negotiation with the insurance company of the at-fault party. Your lawyer will negotiate a fair settlement with insurance adjusters discussing your proof of claim. If negotiation does not achieve a result between the parties, the case goes to trial and is to be decided by the judge or jury.