Wrongful death is a situation wherein a person dies due to another person or entity’s negligence or wrongful act. In such cases, the family of the deceased may be entitled to legal compensation. The process of seeking compensation for wrongful death can be quite complicated and emotionally taxing, which is why it is important to hire an experienced wrongful death lawyer.
Choosing the right wrongful death lawyer is essential to ensure that you get the best possible outcome. However, before making any crucial decisions along the way, there are some important inquiries you should ask your attorney to iron out some details that you still need to understand.
Below are just a few examples.
1. Who Can Sue for Wrongful Death?
When someone dies, it’s not uncommon for a member of their family to file a wrongful claim for compensation. The wrongful death suit can be brought by any individual or by a group on behalf of the surviving family members. If no member of the victim’s immediate family files a claim within three months of the victim’s death, the executor or administrator of the victim’s estate may submit one instead.
Talk to an experienced wrongful death attorney as soon as possible if you believe your loved one’s death was the result of another’s negligence.
2. Should I Accept a Settlement Offer from an Insurance Company If They Contact My Family?
The negligent party’s insurance company may reach out to the victim’s loved ones shortly after the tragedy to discuss a possible settlement for wrongful death. They could put you at ease, and you might think you don’t need a lawyer to settle your claim. Sadly, the insurance company stands to gain more from these quick settlement offers than your loved ones do
These offers are designed to induce you to give up your legal rights in exchange for a pittance of cash, and they don’t account for the full degree of the losses your family has incurred. Without consulting an attorney about your rights, you should not make a statement, sign any papers or make cash payments from an insurance company.
3. To What Extent Can I Seek Compensation for a Loved One’s Wrongful Death?
It’s tough to put a price on the pain you and your loved ones have felt. Nevertheless, untimely deaths do place enormous financial strains on families. In cases of wrongful death, you and your attorney may seek compensation for the following:
Funeral and Burial Expenses
Many households just can’t afford to pay for a funeral for a loved one. These monetary difficulties shouldn’t have to be faced at this time, especially given the strain they place on you. As part of a claim for wrongful death, you might ask for money to cover things like this
Lost Earning Capacity
The loss of a loved one could have a particularly devastating effect on a family’s finances if they were dependent on that person’s income. You have the legal right to sue for monetary damages to compensate for your lost income.
Loss of Care and Support
Although it is not usually defined in dollars and pence, the love, care, and support your loved one had given before being wrongfully taken from you has enormous worth. Compensation for this type of loss can be sought through a wrongful death claim.
There may be substantial medical expenses in cases when a victim sustained a life-threatening injury that ultimately proved deadly. Whether your family member was rushed to the ER and passed very shortly after arrival or fought for their lives for a long period before finally succumbing, your loved one’s medical bills should be covered.
Mental anguish, emotional suffering, anxiety, depression, and other illnesses can take their toll on one’s emotional health after a traumatic loss. The emotional suffering you have endured as a result of the decedent’s death can be claimed in a wrongful death lawsuit.
If you have lost a loved one due to someone else’s negligence or wrongful act, consulting with a wrongful death lawyer is important to help you understand your legal rights and options. There are a number of important questions that you should ask your lawyer during your consultation, and they are all highlighted above.
Be sure to ask them all, and you will never have to experience the ambiguity and complications of a wrongful death case.
With all of that being said, if you are looking for a well-trusted wrongful death attorney in Birmingham, AL, look no further than our experienced experts here at McCallum, Hoaglund, & McCallum, LLP. We passionately seek justice for our clients in cases ranging from complex business litigations to wrongful death suits, amongst other things. Call us today, and let us help you with your claim.