Holding the At-Fault Party Accountable After the Death of a Loved One

A death in the family is never easy, however, it can be especially traumatic when it was a result of someone else’s negligence. So, if you believe that your loved one lost their life due to the negligence of someone else, you may have grounds to file a wrongful death case. However, there are many steps involved in cases such as these, and a wrongful death lawyer in Milwaukee can assist you through this process.

How a lawyer proceeds with your case will depend on several factors. There are many crucial steps when it comes to filing a wrongful death lawsuit, including identifying everyone who is a possible defendant, keeping evidence intact, and deciding whether an estate should be created.

Some of the most common examples of wrongful death cases your attorney may specialize in include car accidents, on-the-job mishaps, bike accidents, train accidents, pedestrian accidents, drownings, and dog attacks. A competent wrongful death attorney will work tirelessly to prove and explain liability, determine your economic losses, and evaluate your noneconomic damages. Depending on the type of accident, expert witnesses, such as financial experts or car accident reconstructionist, may need to be called in for testimony.

You should note that not everyone is eligible to file a lawsuit. Just because you lost a loved one that was very important in your life, does not mean that you are within your right to file a wrongful death lawsuit. For instance, only certain relationships qualify. A registered spouse, children, stepchildren, or parent of the deceased will be able to file a lawsuit, especially if they were financially dependent on that person. While it is possible for other people who were involved in the dead person’s life to file a lawsuit, they cannot do it on their own. What basically happens is that the estate will file a claim and then disburse it.

Furthermore, in order to get compensation in a wrongful death case, you need to be able to prove that the defendant was negligent and that it was that negligence that caused the loved one’s death. While this may be obvious in certain situations, others will require more damning evidence. Therefore, it is advisable and crucial that you preserve as much information as you possibly can about the incident.

Some information that should be preserved include detailed records of all medical reports. In order to have evidence of the cause of death, you will need to request an autopsy report as well. You should also maintain all information pertaining to expenses such as medical bills, property damages, funeral expenses, etc. So, make sure that you have receipts for all of these. If there were eyewitnesses to the incident, get their contact information and ask them to write down exactly what they saw. Photographs and video recordings are especially valuable, if relevant to the case. If the incident occurred on or in a business, you should request copies of their surveillance videos.

So, while losing a loved one is never easy to deal with, you should take solace in the fact that holding the at-fault party accountable is the right thing to do, as this will ensure they do not repeat their actions.

Timeline of a Personal Injury Lawsuit

If you’ve recently been injured due to someone else’s oversight or negligence, you may want to know more about the average timeline of a personal injury lawsuit. Unfortunately, the progression of cases like these is never set in stone. There are several variables that can impact the rate at which claimants move towards resolution. In fact, these same variables can also play an important role in determining whether you have a case worth pursuing. The good news is that there are a few general rules that you can bear in mind as you start the process of seeking fair compensation for your pain, suffering, injuries, and losses.

During the Earliest Stages of Your Case

All related insurance companies should be notified of the event that has caused injury right away. The sooner that insurance companies are informed, the easier it will be for these entities to link your physical damages with the circumstances that have led to them.

Notifying insurance companies early on and carefully documenting damages is key. If you wait several months before acting, it could be presumed that you’ve injured yourself in some other way and are simply looking for a covered party to assume responsibility for your damages. You also want to receive a comprehensive medical examination from a licensed physician as quickly after the accident as possible. Having doctors put your injuries on record is always a vital part of building your case.

Small Claims Rarely Go to Court

In the interest of limiting their spending, many insurance companies are reticent to have claims go to court. For relatively nominal damages, such as those falling below twenty thousand dollars in total, claimants are often offered settlements before their cases even start moving along the path to trial.

As such, even if your car has been totaled in a crash and you’ve been forced to spend countless hours receiving treatment from general doctors, chiropractors, and physical therapists, you may be able to reach a reasonable settlement agreement with insurers without having to present and argue before a judge. Settling outside of court allows both parties to tightly control their legal costs.

Getting Legal Assistance

One large part of understanding the timeline of a personal injury lawsuit is recognizing the importance of good legal representation. Lawyers often can expedite these cases by lending legal clout and by motivating insurance companies to act and assume culpability. Statistically, claimants are far more likely to receive fair settlements when they are represented by seasoned personal injury lawyers than they are if choosing to represent themselves. During your initial consultation with an Idaho personal injury lawyer, they can professionally review the details of your case, so you can find out whether your claim is one that should be pursued, long before you start investing money and time into building your case.

Timing

In many instances, high-value claims that are not too complex will reach a satisfactory conclusion for all parties within approximately twelve to eighteen months. However, it is vital to note that claimants are advised against settling before their medical treatment is complete. That’s because medical bills that are accrued after a settlement is received will have to be covered by the agreed upon monies. No additional settlements or negotiations will be provided once the claim is closed.