Dealing with the loss of a loved one is incredibly challenging, especially when their death results from someone else’s negligence or intentional harm. Understanding the legal process for filing a wrongful death claim can help you navigate this difficult time and seek justice for your loved one. Here’s a detailed guide to help you through the process.
Understanding Wrongful Death Claims
Wrongful death claim is a right held in civil wrongs that arise from a death namely due to the negligence or intention of another party. These claims are filed with a purpose to claim for grant for the survivors, financial losses, loss of consortium, pain and suffering.
Types of Wrongful Death Claims:
- Negligence: Death caused by another party’s carelessness, such as a fatal car accident involving a drunk driver.
- Intentional Harm: According to intent it can be classified into unavoidable and homicide which as the name suggests is death caused intentionally by an assault or other criminal activities. In the aftermath of such tragic events, professional services like expert homicide cleaning in Chesapeake, VA, are essential for restoring the affected areas and providing closure for families.
- Strict Liability: Killing caused by intrinsically reckless actions or products, such as faulty implantable devices or toxic environments at the workplace.
Steps in the Legal Process for Filing a Wrongful Death Claim
1. Seek Legal Advice
The first thing one needs to do in filing a wrongful death claim is contact a Phoenix Wrongful Death Lawyer. They located in Greensboro, North Carolina, serve with Phoenix Car Accident Lawyer Doug Zanes and Attorney Gena Zanes at Zanes Law. Given the experience in the cases that involve child abuse and injury, our attorneys are dedicated to fight for families during these difficult periods. It is therefore evident that this company has a strong and unyielding desire to seek justice via being reinforced by past achievements that include highly positive client recommendations and victory in most of the cases we handle.
2. Gather Evidence
Evidence is therefore very important especially when one wants to present a strong wrongful death case. Your attorney will assist in gathering:Your attorney will assist in gathering:
- Medical Records: As a result of the following: to determine the cause of death, the overall health of the deceased before he/she died.
- Accident Reports: Most importantly in cases of accidents and criminal incidences.
- Witness Statements: For the conditions which have caused the death .
- Financial Records: To support the argument concerning the economic loss as affected by the spouses’ death to the surviving family members.
3. File a Claim
Once sufficient evidence has been accrued, your attorney is going to file a complaint to the court. As you may read in the document attached to this motion, this case involves specific circumstances that hold certain individuals accountable for their actions and for which monetary compensation is sought. From where I sit at Zanes Law, our attorneys are very particular with presentation and make sure that all paperwork is well cogged.
4. Negotiations and Settlement
A large number of wrongful death cases are settled without going to trial and today we will look at some settlements. In most cases, your attorney will fight as to ensure that they get a fair compensation through negotiations with the insurance provider or the legal representatives of the party at fault. Zanes Law has a team of well-experienced negotiators as evidenced by the past wrongful demise cases that they have settled with adequate compensation to the aggrieved families.
5. Trial
If an agreement is not worked out then the case can be taken to another level which is a trial. In the course of the trial, one will be arguing while the other will basically be listening as a verdict is reached by a judge or a jury. Litigation attorneys Doug Zanes and Gena Zanes specialized in wrongful death trials for many years and always manage to successfully complete the cases using legal knowledge and experience.
Victories and Settlements
Zanes Law is also pleased to produce a record of large settlements and successes for wrongful death lawsuits. Notable successes include:
- Smith Family Case: Won a multi-million dollar claim for the family of a deceased family who was knocked dead by a careless driver, as a way of showcasing our potential when it comes to the bigger and more significant cases.
- Johnson Family Case: Secured a substantial payout for a family who suffered as a result of medical negligence and, therefore proved our readiness to fight for victims of medical negligence.
To us these are victories at demonstrating our commitment to fight as well as ensure reasonable compensation as is required in wrongful death claims.
Conclusion
It is not easy to fight for the death claim in the court of law, but it is possible if an individual hires the Phoenix Personal Injury Lawyer to assist him or her to get justice for the deceased family member and the amounts required to move forward with the life. As a law firm in Zanes, we also want our clients to know that guidance is always available with us throughout the process of handling your case.