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Who Should Hire a Wrongful Death Lawyer?


— March 30, 2023

Navigating the legal system can be complex and overwhelming, especially when dealing with the loss of a loved one.


Wrongful death is a devastating event that can leave families and loved ones struggling with emotional and financial burdens. When a person dies due to the negligence or misconduct of another, it can be challenging to navigate the legal system and hold those responsible accountable. 

That is why it’s crucial for those affected by a wrongful death to consider hiring a wrongful death lawyer.

What is Wrongful Death?

Wrongful death is a term used to describe a situation where a person’s death is caused by the negligence, recklessness, or intentional conduct of another person or entity. 

This type of death can result from a variety of circumstances, including car accidents, medical malpractice, workplace accidents, and defective products.

Who Can File a Wrongful Death Lawsuit?

In most states, a wrongful death lawsuit can be filed by the deceased person’s spouse, children, or parents. In some cases, a representative of the estate may also bring a wrongful death claim. 

This can include a personal representative or executor appointed by a court or named in the deceased person’s will.

Why Hire a Wrongful Death Lawyer?

Navigating the legal system can be complex and overwhelming, especially when dealing with the loss of a loved one. A wrongful death lawyer can help guide you through the process, advise you on your legal options, and help you pursue the compensation you deserve. Here are some of the key benefits of hiring a wrongful death lawyer:

  • Knowledge of the Law: Wrongful death laws are complex and vary from state to state. A wrongful death lawyer will have the knowledge and experience necessary to navigate the legal system and help you understand your rights and options.
  • Representation in Court: If necessary, a wrongful death lawyer will represent you in court and ensure that your interests are protected.
  • Access to Resources: A wrongful death lawyer has access to resources and experts that can assist in building a strong case. This can include accident reconstruction experts, medical professionals, and investigators.
  • Settlement Negotiations: A wrongful death lawyer can also assist with settlement negotiations, helping you to reach a resolution without the need for a lengthy and costly court battle.
  • Emotional Support: Dealing with the loss of a loved one is emotionally challenging. A wrongful death lawyer can provide support and guidance during this difficult time.

The Benefits of Hiring a Wrongful Death Lawyer for the Estate

In addition to the benefits outlined above, hiring a wrongful death lawyer can also be beneficial for the estate of the deceased.

 A wrongful death lawyer can help the estate recover damages for expenses related to the death, including medical bills, funeral expenses, and lost income.

The Benefits of Hiring a Wrongful Death Lawyer for Family Members

For family members, a wrongful death lawyer can help them recover damages for their emotional and financial losses. This can include compensation for pain and suffering, loss of companionship, and loss of future income.

Clock face; image by Age Barros, via Unsplash.com.
Clock face; image by Age Barros, via Unsplash.com.

Statute of Limitations on a Wrongful Death Claim

It’s also important to consider the statute of limitations when it comes to filing a wrongful death lawsuit. In most states, the statute of limitations for a wrongful death claim is between one and three years from the date of the person’s death. 

This means that if a lawsuit is not filed within this time frame, the individual or family may be barred from seeking compensation. Hiring a wrongful death lawyer as soon as possible after the loss of a loved one can help ensure that the case is filed within the statute of limitations and that the individual or family has the best chance of recovering the compensation they deserve.

In some cases, a wrongful death lawyer may also be able to negotiate with the insurance company or other parties involved to reach a settlement without the need for a lengthy and costly court battle.

Don’t hesitate to consult a Mccoy & Hiestand experienced attorney today to discuss your case and explore your options for a wrongful death case.

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