Losing a loved one is a difficult and painful experience. It becomes even more devastating when the loss is the result of someone else’s negligence. In these situations, it’s normal for family members to try to seek justice by filing a wrongful death claim.
Wrongful death claims can be complicated. There are things you can do to improve the likelihood of securing a favorable wrongful death settlement for surviving family members.
Here’s a guide to improving your chances of winning a wrongful death suit.
Quality of Evidence
In a wrongful death suit, the quality of evidence is a key factor. Crucial evidence includes:
- Medical records
- Witness testimony
- Expert opinions
- Other documentation
Evidence in a wrongful death claim is used to show that negligence, recklessness, or a wrongful act caused the death of your loved one. A personal injury lawyer can help you increase the odds of winning the case and securing the compensation your family deserves.
Shared Liability
Shared liability is a term that refers to two or more parties being accountable for the death of another person. Shared liability can add a level of complexity to a wrongful death claim.
This can make it more difficult to determine fault for the accident. In some situations, shared liability can impact the settlement amount. The court may choose to decrease compensation if they find the deceased had a degree of fault for their accident.
An experienced wrongful death lawyer understands the impact shared liability can have on winning lawsuits. They can help you navigate the legal process to ensure you receive the proper compensation for your loss.
Legal Representation
Having a qualified lawyer on your side can impact the outcome of a wrongful death suit. An experienced wrongful death attorney provides the expertise and resources needed to:
- Gather essential evidence
- Navigate the complexities of this type of case
- Guide you through the legal process
- Protect your rights
- Fight for favorable compensation
Your lawyer can work with you to construct a robust case and gather the necessary evidence to prove your claims. This enhances your chance for a favorable settlement.
In most wrongful death cases, you pay nothing upfront. Your lawyer gets paid only after you win your case.
Wrongful Death Damages
Economic damages help compensate a family for their financial losses following a wrongful death. These losses may include:
- Funeral costs
- Medical bills and expenses
- Lost wages
- Other financial losses
In a wrongful death case, it’s essential to gather important documentation that may be useful. You must have proof of your losses to ensure proper financial compensation for your loved one’s death.
Non-Economic Damages
A wrongful death can result in non-economic losses to the surviving family members. These types of damages provide compensation for:
- Loss of companionship
- Emotional pain
- Suffering
- Other non-financial losses
Non-economic damages can be challenging to quantify. They are unique to each family that suffers following a wrongful death.
An experienced attorney can present your case and provide evidence demonstrating the psychological impact the wrongful death had on your family. This can boost your chances of obtaining financial compensation for your family’s non-economic losses.
Punitive Damages
Punitive damages punish the one responsible and are meant to deter the same type of behavior in the future. Punitive damages differ from compensatory damages, which are intended to cover losses due to a wrongful death.
Punitive damages are reserved for situations where the defendant’s behavior is seen as violent, negligent, reckless, or fraudulent. Punitive damages can be substantial, but they aren’t an option in all wrongful death cases.
Increasing Your Chances of Winning a Wrongful Death Suit
To maximize your chances of a successful settlement in a wrongful death suit, it’s important to follow some effective strategies. Filing on time, investigating thoroughly, and negotiating strategically are all essential.
An experienced wrongful death attorney can offer legal advice for a wrongful death. They can help you employ effective strategies to seek justice for the loss of your loved one.
Timely Filing
You must file a wrongful death claim within the timeframe of the statute of limitations. Failure to file within this timeframe may lead to the dismissal of your case.
File your wrongful death claim as soon as possible to ensure your right to seek compensation for the loss of your loved one.
Thorough Investigation
Gathering evidence and conducting a thorough investigation are crucial elements for winning a wrongful death suit. A comprehensive investigation involves gathering important evidence such as medical bills, medical records, police reports, witness statements, and other relevant information.
Your attorney can help you follow the proper steps to investigate your wrongful death claim. These steps include:
- Collecting and gathering evidence for your claim
- Analyzing evidence
- Preparing a strong case
- Working together to improve your chances of favorable compensation
Effective Negotiation
An attorney who is a skilled negotiator can help you reach a favorable settlement without going to trial. Wrongful death cases can be complex. Negotiating a settlement can help you avoid a lengthy trial and receive fair compensation for your loss.
To ensure your chances for successful negotiation, work with a knowledgeable wrongful death attorney who will fight for your family’s rights to compensation.
Expert Witnesses
Expert witnesses play a vital role in the wrongful death claims process. They provide expert testimony to establish the cause of death and prove the defendant’s liability.
Expert witnesses can include medical professionals, financial experts, psychologists, or accident reconstruction specialists. Their testimony can strengthen your case and offer insight into the details of your case.
Choose the Right Lawyer for a Wrongful Death Suit
Losing someone you love is never easy. It’s excruciating to know your loved one died due to someone else’s negligence. It’s only natural to want to seek justice for them and your family.
At Kearney, Freeman, Fogarty & Joshi, PLLC, we understand how traumatic a wrongful death can be. Our Fairfax law firm has been helping the people of Northern Virginia for over 30 years, and we would love to help increase your chances of winning a wrongful death suit.
Contact Kearney, Freeman, Fogarty & Joshi, PLLC, today to schedule a consultation.
