Wrongful Death Lawyer
If a loved one was the victim of wrongful death, you may have many questions about how you should proceed. Unlike criminal charges, you are not trying to punish the person responsible for your loved one’s death by putting them behind bars. That kind of punishment is reserved from criminal charges. A wrongful death claim, on the other hand, is a civil suit that is used to recoup monetary damages. If you filed criminal charges, you would not expect to get monetary compensation.
Finding Proof for Your Claim
When you bring this type of claim forward, the burden of proof will be on your party. You will need to prove the different elements of a wrongful death claim, including that:
- The defendant owed your loved one a duty of care
- The defendant branched this duty
- Your loved one became injured and died as a result of those injuries
In this type of claim, it is imperative that you show the defendant’s actions directly caused your loved one to die. For example, if your loved one and the defendant were in a car accident and your loved one dies, you need to show that your loved one sustained injuries from the car accident that led to their death. If your loved one walked away from the car accident and died as a result of something else, you would not have a successful claim.
Should I Expect to Go to Court?
While many wrongful death claims never make it to court, an attorney, like a Washington, DC wrongful death lawyer from a law firm like the Law Office of Frederick J. Brynn, P.C. would tell you that it is always best to be prepared. You may have solid evidence showing that the defendant is responsible for your loved one’s death and their insurance may choose to settle with you. If the settlement amount is reasonable, then you may take going to court off the table. However, if the insurance company comes back and gives you a low settlement offer or outright denies your claim, then you should consider speaking with a lawyer about going to court.
Filing a wrongful death claim cannot bring your loved one back. However, it can help you with the financial struggles you may be facing after paying for their medical bills or funeral costs. This may be able to bring you a small amount of peace. Consider seeing how a local attorney can help you with your wrongful death claim.