Some of the people who have lost a loved one due to an accident do not know who to get help from or where exactly to go. Here are some of the most common, yet most important, questions you need to ask about hiring a wrongful death lawyer.
This guide may not be able to provide all the questions you might have, but we hope they can give you the answers to the most common questions at least.
What is “wrongful death”?
“Wrongful death” is a claim or lawsuit that can be filed against an entity or person who have caused the death of someone, either due to negligence or intentional action. This allows justice to be done even when the person who was injured or harmed is no longer able to personally file the lawsuit. If your loved one died because of someone else’s negligence or willful action, chances are you have a good case and should file a wrongful death claim.
How can a wrongful death lawyer help you?
A wrongful death lawyer is your legal representative and will be the one to provide legal advice and assistance for your claim. Depending on the type of situation, you might be assigned a specific lawyer who is more experienced and knowledgeable with handling specific cases. For example, if the loss of your loved one occurred due to a car accident, it would be a better idea to have an auto accident lawyer handle the case.
Who are entitled to the benefits from a wrongful death claim?
The representative of the estate of the deceased person will act on behalf of the surviving family members and will be the one who files the lawsuit against the other person or entity who caused the death. It can be a family member, a spouse, or someone who is officially and legally allowed to represent the deceased’s estate in the case. With regards to the benefits from the claim, they will typically go to the deceased’s surviving family members who are legally recognized as the “heirs”. These usually include the spouse, children, parents, and siblings.
What is the difference between wrongful death and personal injury?
Consider the following situation: A husband and father of three dies from a car accident due to negligence from the car driver. A surviving family member (usually the spouse) or representative would ask their auto accident attorney to file a wrongful death lawsuit against the car driver who caused the death. However, if the car accident caused personal injuries instead of death, this would typically be handled by personal injury attorneys instead.
If you have more questions regarding wrongful death claims or personal injury claims, the best move would be to contact an experienced law firm that specializes in handling these types of cases. Law firms, like Scholle Law (schollelaw.com) in Georgia, are a good example. Look for those that have a proven track record, enjoy a good reputation from their peers and clients, and are committed to fight for you especially when the other party doesn’t want to play fair.