‍Life After Loss: How a Wrongful Death Lawyer Can Help You Recover

The death of a loved one is one of the most difficult and unsettling experiences that a person can go through. The emotional pain and loss that comes with a loved one’s passing can be overwhelming and long-lasting. However, when a loved one’s death is caused by another person’s negligence or wrongful conduct, the pain and suffering can be magnified.

In these cases, a wrongful death lawyer can provide a measure of justice and help to the survivors of the deceased. A wrongful death lawyer can help to ensure that the survivors receive the financial compensation they deserve and can also help them to understand and navigate the legal process.

Introduction to Wrongful Death

When a person is killed due to the negligence or wrongful conduct of another, the survivors of the deceased may be able to seek justice through a wrongful death lawsuit. A wrongful death lawsuit is a civil suit brought by the survivors of the deceased against the person or persons responsible for the death. This type of lawsuit is designed to hold the responsible party accountable and provide financial compensation to the survivors for the loss of their loved one.

Wrongful death lawsuits can be complex and emotionally charged affairs and can be difficult for those who are grieving to navigate alone. That is why it is important to have the help of an experienced wrongful death lawyer. A wrongful death lawyer can help the survivors to understand their rights and ensure that they receive the compensation they deserve.

What is Wrongful Death?

Wrongful death is a death caused by the negligence or wrongful act of another. This includes deaths caused by medical malpractice, defective products, automobile and trucking accidents, and workplace accidents, among others. In most cases, the person or persons responsible for the wrongful death can be held liable for their actions and forced to pay financial compensation to the survivors of the deceased.

The purpose of a wrongful death lawsuit is to compensate the survivors for their loss and to hold the responsible party accountable for their actions. Wrongful death lawsuits are civil suits and are separate from criminal proceedings. If a person is convicted of a crime in connection with the death, the criminal proceedings may be used as evidence in the wrongful death case.

Steps to Take After the Loss of a Loved One by Wrongful Death

After the death of a loved one, several steps must be taken to ensure that the survivors receive the financial compensation they deserve. The first step is to identify the responsible party and determine if there is a basis for a wrongful death lawsuit. This can involve an investigation into the circumstances surrounding the death, including interviews with witnesses and a thorough review of any medical records or other evidence.

The next step is to determine who the responsible party is and who should be held liable for the wrongful death. In most cases, there will be multiple defendants, as multiple parties may be responsible for the death. The responsible parties may include a doctor, hospital, manufacturer of a defective product, or another individual.

Once the responsible parties have been identified, the survivors must determine if they have a valid claim under the law. In most cases, the survivors must prove that the death was caused by the negligence or wrongful act of the responsible party. This can involve an examination of the facts of the case, as well as an analysis of the applicable state and federal laws.

Understanding the Legal Rights of Wrongful Death Survivors

The survivors of a wrongful death need to understand their legal rights. In most states, the surviving family members of the deceased have the right to file a wrongful death lawsuit against the responsible party. The purpose of a wrongful death lawsuit is to seek justice and financial compensation for the survivors. This includes compensation for the emotional pain and anguish suffered by the survivors and any loss of financial or household services the deceased provided. 

When someone had died as a result of the negligence of someone else there is also a potential claim for the estate of the deceased person.  The estate claim can be for funeral expenses, pain and suffering experienced by the deceased prior to death and other damages. 

Because of the complexities involved in wrongful death claims and estate claims arising out of a wrongful death, it is extremely important to have experience and knowledgeable attorneys to assist with these claims.

In addition to filing a wrongful death lawsuit, the survivors can also pursue other legal remedies. This may include filing a negligence or product liability claim against the responsible party. These claims can help to ensure that the survivors receive the financial compensation they deserve. It is important to note that in some states, the survivors may be able to pursue punitive damages as well.

Filing a Wrongful Death Lawsuit?

A wrongful death lawsuit can be filed by the surviving spouse, children, or parents of the deceased.  It is important to note that in Maryland, a wrongful death lawsuit must be filed within three (3) years from the date of the death of the loved one. This is known as the statute of limitations.

In addition, the survivors of the deceased must have a legal relationship to the deceased in order to file a wrongful death lawsuit. This means that the survivors must be related to the deceased by blood, marriage, or adoption.

Damages You May Be Awarded in a Wrongful Death Lawsuit

When a loved one is killed due to the negligence or wrongful act of another, the survivors of the deceased may be entitled to various types of damages.  These damages can include the emotional pain and suffering experienced by the survivors and financial support and household services that may have been provided by the deceased. 

In addition, the survivors may be able to pursue other damages as well. This may include compensation for the loss of companionship, emotional distress, and other intangible losses. It is important to note that the amount of damages that can be awarded in a wrongful death lawsuit will vary from case to case, and will depend on the facts of the case and the applicable state laws.

How Can a Wrongful Death Lawyer Help?

When a loved one is killed due to the negligence or wrongful act of another, it is important to have the help of an experienced wrongful death lawyer. A wrongful death lawyer can help the survivors to understand their rights and ensure that they receive the compensation they deserve. A wrongful death lawyer can also help to navigate the legal process and ensure that the survivors receive justice for their loved one’s death.

A wrongful death lawyer will be familiar with the applicable state and federal laws, as well as the legal process involved in filing a wrongful death lawsuit. The lawyer will also be able to advise the survivors on the best course of action and help them to understand their rights. In addition, the lawyer will be able to identify the responsible parties and hold them accountable for their actions.

How a Wrongful Death Lawyer Helps You Recover

An experienced wrongful death lawyer can help the survivors of a wrongful death to recover in several ways. First, the lawyer will help the survivors to understand their rights and ensure that they receive the justice and financial compensation they deserve. The lawyer will also be able to identify the responsible parties and ensure that they are held accountable for their actions.

In addition, the lawyer will be able to advise the survivors on the best course of action and ensure that the legal process is followed correctly. The lawyer will also be able to negotiate with the responsible parties and ensure that the survivors receive the maximum amount of compensation possible.

The Benefits of Hiring a Wrongful Death Lawyer

There are many benefits to hiring a wrongful death lawyer. A wrongful death lawyer can help the survivors to understand their rights and ensure that they receive the justice and financial compensation they deserve. The lawyer will also be able to negotiate with the responsible parties and ensure that the survivors receive the maximum amount of compensation possible.

In addition, the lawyer will be able to handle the paperwork and other administrative tasks associated with the case, allowing the survivors to focus on healing and moving on with their lives.

Settlement for Wrongful Death

In some cases, the responsible party may be willing to settle the wrongful death lawsuit out of court. This means that the survivors and the responsible party will enter into negotiations and attempt to reach an agreement. If a settlement is reached, the responsible party will agree to pay a certain amount of money to the survivors in exchange for the dismissal of the lawsuit.

It is important to note that settlements are not always possible, and the survivors may need to proceed to trial to receive the financial compensation they deserve. In these cases, an experienced wrongful death lawyer can help to ensure that the survivors are properly represented and that their rights are protected.

Conclusion

The death of a loved one is a difficult and emotionally charged experience. When a loved one’s death is caused by the negligence or wrongful act of another, it can be even more difficult for the survivors. In these cases, a wrongful death lawyer can help to ensure that the survivors receive the justice and financial compensation they deserve.

A wrongful death lawyer can help the survivors to understand their rights, identify the responsible parties, negotiate with the responsible parties, and handle the paperwork and other administrative tasks associated with the case. In addition, the lawyer can advise the survivors on the best course of action and help them to receive the maximum amount of compensation possible.

If you have lost a loved one due to the negligence or wrongful act of another, it is important to seek the help of an experienced wrongful death lawyer. The lawyer can help you to understand your rights and ensure that you receive the justice and financial compensation you deserve. Contact Ballenger & Roche today to learn more about how they can help you recover.