What Does a
Wrongful
Death
Attorney Do?
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Understanding Wrongful
Death Claims
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A wrongful death claim arises when someone
dies due to another party’s negligence and
actions. Laws pertaining to wrongful death
vary from one state to another, but the core
principles are the same. The surviving family
members of the victim can file a lawsuit
seeking compensation for their damages.
These losses include both economic and noneconomic damages.
Common Causes of
Wrongful Death
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Wrongful death claims can arise from various
incidents, including motor vehicle accidents,
medical malpractice, workplace accidents,
product liability, and criminal acts. Lawyers
specializing in wrongful death cases work to
uncover the details behind these incidents to
prove liability and build a strong case for
compensation.
Who Can File a Wrongful
Death Lawsuit?
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Not everyone can hire a wrongful death
attorney to fight on their behalf. Typically,
only specific family members and the estate
representatives of the deceased can file these
claims. The eligibility varies by state but the
spouse, children, and parents of the deceased
and the personal representative of the estate
are allowed to pursue a wrongful death case.
Types of Damages
Recoverable in a Wrongful
` Death Claim
In a wrongful death lawsuit, the plaintiff
seeks compensation for both economic and
non-economic damages. A wrongful death
attorney strives to secure the maximum
compensation for their clients, including
medical expenses, funeral and burial costs,
loss of income and benefits, loss of
companionship, and emotional suffering.
How Wrongful Death
Attorneys Build a Case
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A wrongful death lawyer has the expertise to
investigate the incident, gather necessary
evidence, and present a strong case in court
or settlement negotiations. The critical steps
include investigation, establishing liability,
calculating damages, filing the lawsuit,
negotiating settlements, and litigating in
court.
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