What Does a Wrongful Death Lawyer Do?

A wrongful death attorney is an advocate for family members who lost a loved one due to someone else’s negligent actions. These attorneys help families recover compensation for their financial losses, emotional trauma and other damages associated with the accident. Although no amount of money can bring their loved one back, a successful claim may help them move forward without the heavy financial burden caused by medical bills, funeral expenses, lost income and other related costs.

Wrongful deaths can occur in a variety of ways, including fatal car accidents, truck crashes and pedestrian strikes. A wrongful death lawyer can review the evidence in these cases and identify any potential sources of fault. For example, they may review eyewitness accounts from people who saw the collision or who were riding with your relative during the time of the accident. They may also look for any video footage that could prove the other driver broke traffic laws or acted recklessly.

It’s important for the family to find an experienced wrongful death lawyer who has the knowledge and skills to handle this type of case. An attorney with experience in these types of cases will know the types of evidence to collect, how to properly analyze that evidence and how to present it in a compelling manner to judges and juries. The attorney should also be familiar with the local court system and know how to navigate through any obstacles that might arise during the legal process.

When determining how much compensation your family is entitled to, a wrongful death lawyer will consider various factors, including the financial losses and emotional trauma suffered by the surviving family members. In addition to the monetary costs of funeral and burial costs, medical care your loved one received before their death, loss of future income, and other monetary losses, a wrongful death lawyer can pursue awards for noneconomic damages such as pain and suffering and mental anguish.

Regardless of the cause of your loved one’s death, a wrongful death lawsuit must be filed within the state’s statute of limitations. For example, in New York, you have two years to file a wrongful death lawsuit. This deadline may be extended under certain circumstances. Your attorney can explain the statute of limitations for your state and help you meet this deadline.

The other party’s legal team will likely try to argue that your loved one acted negligently and contributed to his or her own death. This is a common tactic that can be difficult to overcome. However, your lawyer can counter these arguments by presenting expert witness testimony and by analyzing all the evidence in your case. They can also seek to expose any inconsistencies in the police report and other evidence submitted by the other side. It’s also important to work with an attorney who is familiar with your state’s wrongful death laws, which may vary from other states’ laws.