What does a wrongful death attorney do?
Whether you're facing a legal issue or just seeking information, Justipedia aims to be your most trusted resource for legal information on the Web. With the help of legal professionals across the country, we put the law in plain language to help answer your top legal questions.
Justipedia was founded by Internet veterans Cory Janssen and Mitchell Allen. Janssen founded Investopedia.com and grew it one of the largest investing sites on the Web. Allen is an author, speaker and the founder of LeadRival, the leading provider of pay-per-action advertising in consumer legal services. Full Bio
What does a wrongful death attorney do?
A wrongful death attorney is an attorney that represents family members in a court case that concerns the loss of a loved one due to negligence. Wrongful death attorneys understand that their clients are suffering in many ways and work hard to make the process simple so that they can heal and rebuild their lives.
The Reasons for Wrongful Death
There are many reasons why a wrongful death can occur. Some of these reasons may include an accident that occurred at work, a car accident or medical injuries. These are not the only reasons, however, and a wrongful death attorney can inform the remaining family members if the death of their loved one qualifies under this area of law.
The law limits which family members can start a wrongful death suit when a loved one dies. In most cases, the surviving spouse and dependent children are the only ones who qualify for this type of legal action. In some cases, dependent parents may also qualify if the deceased family member provided more than 50% of their financial support.
Why You Should Consider a Wrongful Death Attorney
The loss of a loved one is a devastating experience. It is difficult to put into words and fully explain the emotional loss that a person feels when they lose a loved under any circumstance. However, the loss of someone you care about due to a negligent act seems to have more emotional impact than most situations.
When you lose a loved one to a negligent act, you will also experience the anger and frustration of the entire event, coupled with the sadness and grief that you feel from the loss. The unexpected financial problems from the event can lead to more emotional turmoil. The remaining family member(s) may feel as if there is nothing that can be done to help them recover from this situation, and many are facing financial hardships. This is when seeking a wrongful death attorney can provide some relief.
A wrongful death attorney can review the circumstances of the death and determine if the family has the right to seek compensation under a wrongful death suit. If it is determined that the case meets all of the qualifications, the attorney will start a lawsuit against the party that was responsible for the death of the family member.
The attorney will ask for compensation for many different losses that the family has suffered. Some of these losses include lost income, loss of retirement savings, loss of other financial support such as medical coverage, loss of consortium and loss of the enjoyment of life.
Wrongful death laws are regulated on a state level. Your attorney will determine under your state laws what types of compensation you are entitled to, and seek damages under every aspect allowed by law.
Wrongful death attorneys work on a contingency basis. This means that there are never any out-of-pocket attorney costs to the suffering family. All legal fees are paid when the case has been settled. This form of payment ensures that everyone has the same access to quality legal representation regardless of their financial ability to pay.
More From Our Experts
- Jean Kerr
A lawyer is never entirely comfortable with a friendly divorce, anymore than a good mortician wants to finish his job and then have the patient sit up on the table.