Actions to Take When You Lost a Loved One Due to Negligence

By  //  March 16, 2020

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In case you have experienced a wrongful death, you probably feel angry and devastated since it is a horrific experience that no one should go through.

The experience can turn your life upside down since you might be bogged down by funeral costs and unexpected medical bills.

It is naturally frustrating having to deal with such a loss that was a result of another person’s negligence and it would be ideal to know where to begin; you probably have no idea about where to start. 

Hopefully, this guide will help you even just for a little.

Means to acquire the most compensation

There are two types of compensatory damages that you can receive from wrongful death; first, there are the baseline wrongful death damages that you can collect and is a matter of math.

Analyze the amount of money that your loved one contributed to the family, how much your family will encounter the setback given the loss of financial contribution and the decreased earning capacity.

The wrongful death compensation also includes medical care costs before death, along with funeral costs. The other damage that you should consider collecting would involve compensation for the pain and suffering that the loved one went through, along with the loss of consortium that you experience.

Find the right attorney

To find the perfect attorney, ensure that you have established some level of comfort and trust with the lawyer. Respected in their field, the lawyers at strongly advise people to do their own research, especially the track record of any legal professional they are considering to hire.

This is to ensure that the lawyer’s interest will be aligned with yours. If you fail to find some word of mouth references, try looking online for testimonials as some firms would oftentimes have them on their websites. 

Finding an attorney begins with a face to face meeting; in case this is not possible, you can converse over the phone. It would be necessary to hire an attorney who specializes in personal injury law and one with vast experience in wrongful death cases since the cases are different from the rest and require specific expertise.

It would be best if you also found a trial attorney since they work cases from the start as though the case would go to trial.

Never speak alone to insurance companies

Speaking to insurance companies might appear odd, but the insurance company might blame your loved one for the accident, along with all liable parties.

To begin, the insurance company will reach out shortly after the demise and ask for a recorded statement. It would be in your best interest not to offer them one but instead, let your attorney resume all communications.

In case you speak to insurance company representatives, you will notice that they ask some weighted questions that give you no option but to answer unfavorably on behalf of the deceased loved one.

Insurance companies often take advantage of the fact that you are grieving, and they do everything in their power to minimize the cost that they owe you, and in the worst case, they would prefer discarding the case.

Other actions to take

You probably need to seek medical attention given the injury that you have suffered. In most cases, close family members suffer from traumatic brain injury, spinal cord injury, broken bones, among other injuries given that you had traveled with the deceased.

In case you are conscious after the accident, you might have immense adrenaline in your system that might mask the pain that you are meant to feel. Never use adrenaline as an excuse not to visit a doctor.

At the scene of the accident where the deceased passed on, there are few measures you should take to acquire evidence. Begin by speaking to witnesses and gather their contact information, obtain insurance information from the liable parties that were involved in the accident and take photos of the accident scene; this will be relevant at a later date.

It would be necessary to immediately hire a lawyer who can step on the scene and collect evidence on your behalf; remember that at this time, you are probably traumatized. 

File a claim 

Lawyers advise that the best time to file a claim would be at the time of the accident since you would have the highest chance of success and would ensure that all activities are accomplished at the right time. Seek advice from your lawyer since some country laws state that claims need to be made and settled in courts in two years from the day that the wrongful death incident occurred.

It would be essential to consult with your lawyer since different country laws differ, and in case you delay by a day when filing the claim, you will automatically be barred from any form of compensation. It would be necessary to file the compensation quickly since you risk losing witness statements and valuable evidence.

People are living in borrowed time. Losing someone due to natural causes is already more than what most people can bear. Having to lose someone beyond their time is something that no one should go through, but at times is inevitable.

No matter what others may think, negligence to date is still one of the main reasons why these people are taken away and anyone responsible for such heartache should and would pay the price if their loved ones are committed to getting justice.

While the battle will be testing your limits, get everyone you can depend on at your side. Whether a family member, a close friend or even an empathetic lawyer can make all the difference during this difficult time.