Connect with us

Lifestyle

How to Pursue a Wrongful Death Claim

mm

Published

on

If someone you love has died because of someone else’s actions or negligence, you may be entitled to compensation via a wrongful death claim. Unfortunately, many people don’t really understand what a wrongful death claim is and aren’t especially motivated to pursue one.

How do you pursue a wrongful death claim and is it worth the time and effort?

Your First Step: Contacting a Lawyer

The first step of the process should always be contacting a wrongful death lawyer. Your lawyer is going to be your personal representative, representing your best interests, helping you understand the law, and advising you on the best course of action for your wrongful death suit. Most wrongful death lawyers are willing to offer an initial, free consultation, so there’s no real risk or downside to contacting one to determine if you have a reasonable wrongful death claim on your hands.

Upon first contact, your lawyer may inform you that this wrongful death claim isn’t worth pursuing, for one reason or another. If your claim is worth pursuing, however, they’ll help you understand the first steps of the process and provide you with instructions for how to conduct yourself from here.

What Is a Wrongful Death Claim?

In case you aren’t familiar, a wrongful death claim is a civil claim filed against an individual or an organization that was responsible for a person’s wrongful death. Wrongful death can occur in many situations and for many reasons, but it’s usually associated with an intentionally harmful action, malpractice, or negligence.

Wrongful death claims are often (but not only) filed in the events of wrongful death on the job, car accidents, medical malpractice, and product liability issues. If a person died because of someone else’s actions or lack of actions, it could hypothetically qualify as a wrongful death.

When filing a wrongful death claim, plaintiffs seek compensation from defendants. Compensation can be awarded for:

  •       Medical bills. If there were significant medical bills incurred as a result of this action or accident, the defendant may be responsible for reimbursing you for them. Any medical expenses associated with this particular event may be included.
  •       Funeral expenses. The defendant may also be responsible for compensating you for funeral expenses. The amount awarded may vary depending on several variables.
  •       Mental pain and suffering. Losing a loved one is horrific, and typically causes significant pain and suffering. While it’s hard to put a price tag on pain and suffering, most guilty defendants in wrongful death claims end up paying at least some money in compensation for this.
  •       Loss of support and services. Compensation is also frequently awarded for loss of support and services. If you relied on this person for income, important responsibilities, or just help around the house, it needs to be acknowledged.
  •       Loss of future earnings. Loss of future earnings is what it sounds like; it’s compensation for the earnings this person would have had were it not for the wrongful death.

Who Can Sue?

In most cases, spouses, children, and other close relatives can sue for wrongful death. However, there are some jurisdictions and some specific scenarios in which other people can sue for wrongful death as well. Talk to your lawyer to find out who can file a claim in your area.

Important Considerations

There are some important considerations you’ll need to bear in mind before beginning to pursue a wrongful death claim:

  •       The statute of limitations. Understand that there’s a statute of limitations for wrongful death claims. The exact length of time varies from location to location, but you’ll usually only have a year to a few years before you’re no longer able to file a claim.
  •       Evidence. If you want to prove that the defendant is responsible for the wrongful death, you’ll need evidence to do it. Your lawyer can guide you with more specific detail here, but you should do everything you can to gather and preserve evidence that shows what happened.
  •       Proving negligence. Proving negligence can be difficult in a court of law, as you’ll have to prove four separate things: duty of care, a breach of duty, causation, and damages.
  •       Timelines. Wrongful death claims can sometimes take a long time to pursue. It may also take some time and energy on your part. Make sure you’re prepared for this before you begin the journey.
  •       Fees. Many wrongful death attorneys will not charge you unless you win compensation. Either way, make sure you understand the fees for which you are responsible before you enlist these professional services.

Tragedies can never be undone, but it is possible to seek justice and compensation with the help of a skilled attorney. If you’ve recently lost a loved one in an event that was attributable to someone else, it’s a good idea to talk to a lawyer as soon as possible.

Michelle has been a part of the journey ever since Bigtime Daily started. As a strong learner and passionate writer, she contributes her editing skills for the news agency. She also jots down intellectual pieces from categories such as science and health.

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Lifestyle

Alabama Car Accident Lawyer: Protecting Your Rights After a Crash

mm

Published

on

Car accidents can cause serious injuries, extensive property damage, and long-term financial strain. In the aftermath of a collision, victims often face mounting medical bills, missed time from work, and ongoing physical pain. Navigating insurance claims and legal processes on your own can be overwhelming, especially while trying to recover. Hiring an Alabama car accident lawyer ensures that your rights are protected and that you have the best chance of receiving fair compensation for your injuries and losses.

An experienced Alabama car accident lawyer acts as your advocate, handling complex legal matters while you focus on healing and rebuilding your life after a crash.

Why You Need an Alabama Car Accident Lawyer

Insurance companies often attempt to minimize payouts, even when the accident was clearly not your fault. Adjusters may pressure victims into giving recorded statements, accepting quick settlements, or downplaying injuries. An experienced Alabama car accident lawyer understands the tactics insurers use and can negotiate aggressively on your behalf.

With in-depth knowledge of Alabama traffic laws, liability rules, and personal injury regulations, your lawyer can manage the legal complexities of your case. This includes identifying responsible parties, calculating damages accurately, and ensuring all paperwork is filed correctly and on time. Having an Alabama car accident lawyer on your side helps level the playing field and prevents costly mistakes.

Understanding Alabama’s Fault and Negligence Laws

Alabama follows a strict contributory negligence rule, which can have a major impact on car accident claims. Under this law, if an injured person is found to be even 1% at fault for an accident, they may be barred from recovering compensation entirely. Insurance companies frequently use this rule to deny or dispute claims.

An experienced Alabama car accident lawyer knows how to counter these arguments by gathering strong evidence, challenging unfair fault determinations, and presenting a clear narrative of liability. Understanding how Alabama courts interpret contributory negligence is essential, and your lawyer will build a strategy designed to protect your right to compensation.

Common Injuries in Car Accidents

Car accidents can result in a wide range of injuries, some of which may not be immediately apparent. Common injuries include:

  • Whiplash and neck injuries
  • Back and spinal injuries
  • Traumatic brain injuries
  • Broken bones and fractures
  • Soft tissue injuries

An Alabama car accident lawyer ensures that all injuries are properly documented, including emergency treatment, follow-up care, rehabilitation, and long-term medical needs. Accurate documentation is crucial for demonstrating the true impact of the accident and pursuing maximum compensation.

How an Alabama Car Accident Lawyer Can Help

Hiring a skilled Alabama car accident lawyer provides support at every stage of the legal process:

Case Evaluation – Reviewing police reports, witness statements, medical records, and vehicle damage to assess the strength and value of your case.

Evidence Collection – Gathering photographs, accident scene documentation, surveillance footage, and repair estimates to build a compelling claim.

Negotiation With Insurance Companies – Advocating for fair compensation and preventing insurers from undervaluing, delaying, or denying your claim.

Litigation – Representing you in court if a fair settlement cannot be reached, ensuring that your case is presented effectively before a judge or jury.

Having an Alabama car accident lawyer manage these steps allows you to focus on recovery while your attorney handles the legal and procedural challenges.

What Compensation May Be Available After a Car Accident

An Alabama car accident lawyer will evaluate all damages related to your crash to ensure nothing is overlooked. Compensation may include:

  • Medical expenses, both current and future
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress and mental anguish
  • Costs of ongoing treatment or rehabilitation

In more serious cases, compensation may also address permanent disability or diminished quality of life. By working with an Alabama car accident lawyer, you gain an advocate who understands how to calculate both economic and non-economic damages accurately, ensuring any settlement or verdict reflects the full impact of the accident.

Benefits of Hiring an Alabama Car Accident Lawyer

Working with an Alabama car accident lawyer provides several key benefits:

  • Maximized Compensation – Ensuring all damages are properly calculated and pursued
  • Expert Legal Guidance – Navigating Alabama laws, statutes of limitations, and insurance requirements
  • Peace of Mind – Reducing stress by allowing your lawyer to handle communications and negotiations
  • Stronger Case – Strategic legal representation and thorough evidence collection improve outcomes

Many Alabama car accident lawyers also work on a contingency fee basis, meaning you do not pay legal fees unless compensation is recovered.

When to Contact an Alabama Car Accident Lawyer

It’s important to contact an Alabama car accident lawyer as soon as possible after a crash. Early legal consultation helps preserve critical evidence, accurately document injuries, and ensure compliance with filing deadlines. Prompt action can significantly impact the success of your case and the amount of compensation you receive.

Tips for Working With Your Lawyer

To make the most of your relationship with an Alabama car accident lawyer, consider these tips:

  • Keep detailed records of medical treatments, bills, and insurance communications
  • Take photographs of injuries, vehicle damage, and the accident scene
  • Be honest and thorough when describing how the accident occurred
  • Follow medical advice and maintain documentation of your recovery

These steps allow your Alabama car accident lawyer to build a strong, well-supported case on your behalf.

Final Thoughts

Car accidents can have serious and lasting consequences, both physically and financially. Consulting an Alabama car accident lawyer is essential to protect your rights, navigate the legal system, and pursue the compensation you deserve. From investigating the crash and negotiating with insurance companies to representing you in court if necessary, an Alabama car accident lawyer provides the experience, advocacy, and support needed to move forward after a serious accident.

Continue Reading

Trending