How Do I Know If I Need A Wrongful Death Lawyer Or Not?

Posted August 28, 2023 | Personal Injury Blog

According to the Centers for Disease Control and Prevention (CDC), unintentional injuries are the main reason for deaths among people aged 1 to 44 in the United States. Many of these deadly injuries happen because other people are negligent.

Another party may be responsible for the untimely loss of your loved one. In that case, you can seek justice by pursuing a wrongful death lawsuit. Yet, you may be wondering: Do I need to hire a wrongful death lawyer, or can I proceed without one?

The following information can help you determine whether you require a wrongful death lawyer.

Who Can File a Wrongful Death Case?

Some people think that wrongful death cases are only for rich or famous individuals. This is not true. Regardless of their social status, every family deserves to be compensated.

In Texas and Utah, certain relatives may file a wrongful death claim. Otherwise, only the deceased’s personal representative can file.

Whether you are family or the estate representative, you may soon find yourself in over your head. When you lack extensive knowledge of the law, getting the support of experienced lawyers specializing in wrongful death cases is crucial.

Wrongful death attorneys spend a long time developing their skills. They gain a deep understanding of the aspects needed to build a strong case for you. They can even help to identify individuals or companies who played a role in losing your loved one.

Wrongful death attorneys know which experts to consult. This adds more strength to your case. By relying on these lawyers, you can have confidence that they are capable of handling your wrongful death lawsuit and its every complexity.

Wrongful Death Circumstances That Call for a Lawyer

Losing a loved one is a heartbreaking experience. It can become even more difficult when complicated legal matters are involved.

The support and guidance of a wrongful death lawyer is invaluable when he or she can navigate the legal complexities that arise in these cases. Your lawyer can offer relief and help clarify the confusing legal aspects. Now, let us examine specific situations where the expertise of a skilled wrongful death attorney is essential.

Homicide

When someone has lost his or her life due to intentional killing, the case can fall under two categories: criminal and civil. A civil case could be filed on behalf of the victim in order to seek wrongful death damages for surviving family members. 

Recognizing that every person has a duty of care, which includes refraining from homicide, is crucial. If a person you care about has been murdered, you can file a wrongful death lawsuit against the person accused of committing the crime.

Criminal murder cases often coincide with civil wrongful death claims. While these are distinct legal actions, they both revolve around the devastating event of losing a life. The management of these cases is often considerably complex.

The loved one died in a vehicle accident

Vehicle accidents, whether involving cars, trucks, and motorcycles, can lead to wrongful death cases. When these types of accidents happen, it’s possible that negligence was involved. 

For example, if the death was caused by an impaired, distracted, or reckless driver, you may have a wrongful death case on your hands. Such factors, however, can make the legal process more complex.

The death occurred under the care of a doctor

Medical malpractice is a common form of negligence that happens quite often. Researchers from Johns Hopkins University found that preventable medical errors are the third-leading cause of death in the United States. Clearly, medical malpractice plays a significant role in wrongful deaths.

Healthcare professionals are required to provide reasonable care to their patients. But when they fail to meet this duty, they can be sued for wrongful death. Medical malpractice cases can be challenging because they often involve multiple parties. Those parties and their insurance companies may be especially resistant to making a fair, quick settlement.

Workplace accidents

Suppose a family member dies in a workplace accident. In that case, the employer could be held responsible for the death. Some jobs are naturally riskier than others, and not every work-related death is due to negligence. However, an employer or whichever party proved to be negligent in contributing to the accident should be held accountable.

Employers are responsible for providing the necessary safety equipment and adequate training. Companies cannot ignore safety rules.

Lawsuits based on workplace accidents can be challenging. They can involve multiple individuals, companies, and insurance companies. These parties may try to avoid or downplay their responsibility in the incident.

Legal skills, persistence, and assertiveness are crucial for a fair settlement. These traits are vital for seeking justice. A wrongful death attorney with these qualities can hold the responsible parties accountable.

No will is left by the deceased

If a family member passes away in a wrongful death situation without leaving estate instructions, be sure to seek legal advice. This is necessary because the lack of a will can create complications during the estate administration.

Depending on the circumstances surrounding the death, other issues may arise in the future. You can minimize problems by retaining the services of a knowledgeable wrongful death lawyer. He or she can provide wise guidance throughout the legal process and ensure a smooth resolution of all related matters.

Unknown cause of death

When suspicious circumstances surround your loved one’s death, law enforcement officials will launch an investigation. They may not determine what happened or who is responsible. The authorities might not make any arrests or issue warrants. The police could close the case without pressing charges against anyone involved.

In this case, hire a wrongful death attorney right away. Your lawyer can guide you to obtain financial compensation.

Speak With a Wrongful Death Lawyer for Free

The experience of losing someone dear to us is difficult. This is especially the case when the loss is the result of the careless, negligent, or even intentional behavior of another person or company. In such circumstances, receiving rightful compensation is crucial for surviving family members.

However, wrongful death cases can quickly evolve into intricate legal battles. Seeking a skilled attorney’s assistance is imperative. Navigating these lawsuits without professional guidance can lead to negative consequences. 

Don’t miss out on getting the just compensation you deserve! Instead, hire a wrongful death lawyer as soon as possible.

If you need assistance in a wrongful death case, Fielding Law can help. Call us at (877) 880-4090 any time of the day or night to schedule a free case evaluation.

Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.