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Wrongful Death Attorney in Clinton

Helping Surviving Family Members Understand Wrongful Death Litigation in Clinton

If you are dealing with the heartbreaking loss of a family member through tragic circumstances that could have been prevented, you’re likely trying to grieve while also navigating the unexpected challenges of financial and legal uncertainties. Knowing what resources and options are available and having someone to turn to for support and information can ease some of this stress. One such option is a wrongful death lawsuit, which can help you recover compensation for your losses and give you the financial resources to stabilize your family as you find a path forward.

When you’re trying to find out what options you have after your loved one is killed, an experienced wrongful death attorney can offer compassion and support. Call the law offices of Brent Adams & Associates to find out how we can help.

What Circumstances Warrant Filing a Wrongful Death Claim?

Many people aren’t aware that filing a wrongful death lawsuit may be an option after their loved one dies. If your loved one was killed in an accident that was caused by someone else’s negligence, you can file a wrongful death lawsuit to recover compensation for your losses. Common examples include:

  • Car accidents
  • Bus accidents
  • Pedestrian accidents
  • Boating accidents
  • Workplace accidents
  • Medical malpractice
  • Death relates to defective products

It’s also possible in some cases to file a wrongful death lawsuit in the civil courts after someone is killed by a criminal act. For example, if your loved one was killed in a robbery, you may be able to file a wrongful death claim against the perpetrator. These claims are independent of any criminal charges, and the person does not have to be convicted criminally for you to be able to file your case.

What Steps Are Involved in a Wrongful Death Case?

Wrongful death cases can be complicated, and it’s important to have an accurate idea of the process before you get started. The first step is always to talk with an attorney. While it’s technically possible to file a wrongful death lawsuit on your own, your chances of success are much higher when you work with an attorney. Hiring a law firm also means that they can handle all the paperwork, filings, and other required tasks so you can focus on grieving and being with your family during this difficult time.

Once you’ve met with and hired an attorney, it’s time to actually file your case. Your attorney will handle this for you, but you do need to make the decision to file within two years of your loved one’s death. Only the executor of the estate is able to file the lawsuit, so if you are not the executor, you won’t be able to take any formal legal action.

After the lawsuit is filed, the other party will be served. They will then have a chance to respond to your filing. Once this has happened, the case will start to move through the civil court system.

What Distinguishes a Survival Action From a Wrongful Death Claim?

Survival actions and wrongful death claims are both civil lawsuits that can be filed after a person’s death, but they differ somewhat. Both are filed against the at-fault party and are seeking financial compensation that will go to the surviving family members. However, each has different qualifying damages.

A wrongful death claim is for expenses and losses that were incurred after the victim’s death. It also includes the pain and suffering the family members have endured. A survival action is brought on behalf of the victim, and the potential damages include any medical expenses resulting from the incident before the person actually died and the victim’s pain and suffering.

Many people end up filing both actions, but it’s important to discuss the differences with an attorney to ensure you’re asking the courts for the proper damages in each lawsuit. It can also be difficult to keep track of everything for two separate actions, and a lawyer can help with this as well.

Is Negotiating a Settlement an Option?

Negotiating a settlement is always an option with a civil lawsuit, including a wrongful death claim, but it’s one that should be considered seriously. A settlement can help you save time — and, therefore, money — when it comes to a trial. Wrongful death cases can take many months to resolve through a trial, and a settlement can help you get compensation more quickly and allow you to go through the grieving process without having a pending lawsuit hanging over your head.

However, a settlement isn’t always the best option. Insurance companies will often try to get the victim’s family to settle for an amount that’s far less than they could potentially get in court. When you work with a wrongful death attorney, they can provide counsel on whether a settlement is the right course of action and negotiate favorable terms on your behalf.

What Impact Can a Wrongful Death Lawsuit Have on the Survivors?

Any time a loved one dies, it’s difficult for those left behind to process what has happened. But when someone dies suddenly as a result of someone else’s negligent actions, it can bring confusion, anger, and a host of other emotions. While legal action can sometimes bring closure to families and help them move forward, it can also be challenging to have every aspect of your loved one’s death presented and debated in the courtroom.

Working with an experienced wrongful death firm that can offer you compassionate and empathetic counsel that can make this process easier. Call Brent Adams & Associates at 877-273-6823 to find out what sets us apart and how we can help those in Clinton and the surrounding area with their wrongful death cases.