There is no agony like losing a loved one. But if you’ve lost a loved one due to somebody’s transgression or negligence, the pain is a lot more intense. While you’re going through these trying times, always remember that you’re not alone. Many people go through similar unsettling situations; that’s why there are many laws in place that can help the victim’s family file a wrongful death claim easily. This indianembassy.com will not only help you be at peace, but will also keep you and your family safe from potential threats, especially if the death was caused intentionally. You can always take the assistance of an experienced and reputable wrongful death lawyer to help you with the whole procedure of filing a claim, which will help you recover financial assistance to support your family. Here’s a small guide on all you need to know about a wrongful death lawsuit.
How does a wrongful death lawsuit work?
If a person dies due to negligence, malice or accident caused by an individual or a company, the victim’s immediate family members can take legal action against the people responsible for it. For instance, if a person dies in a hospital due to medical malpractice or if a person dies due to an accident caused by a driver in an inebriated state, a wrongful death lawsuit can be filed against them. The compensation sought in such cases is monetary, which will be used to take care of the surviving family’s expenses.
A wrongful death claim v/s a criminal case
Though a wrongful death claim and a criminal case may look similar, they are different in many areas. A wrongful death claim is brought to court by the deceased person’s family members (spouse, domestic partner, children or immediate family members), and require a lower standard of proof. Monetary judgment is provided as a verdict in case of a wrongful death lawsuit in order to financially support the victim’s family. On the other hand, a criminal case is brought to court by the state or the federal government. The prosecutor supporting the plaintiff will need to show proper evidence to prove the defender guilty before the eyes of the law. Even though money is provided as compensation to the plaintiff if they win the case, it won’t be as much as in the case wrongful death claims. Also, if proved guilty, the defendant might also have to serve prison time. Sometimes a wrongful death lawsuit is filed after the defendant is acquitted in the criminal case. One of the best examples is the O.J. Simpson case. After O.J. Simpson was acquitted for murdering his ex-wife Nicole Simpson and her friend Ron Goldman in the criminal case, a civil lawsuit was filed against him, in which he was held guilty, and for which he had to pay millions of dollars as compensation.
Laws differ from state to state
Well, are you looking for a wrongful death lawyer in Irvine, California? If the answer is a yes, as a plaintiff, you must be aware that laws related to wrongful death are different from one state to another. For instance, in California, the statute of limitations for a wrongful death claim is two years, and in Oregon, it is three years. You will also see a difference in wrongful death intestate succession laws. As state laws are subject to regular changes, it is important to hire a lawyer who will be able to explain things easily, without all the fancy law jargon. This comes to the most important question…
How to choose a wrongful death lawyer?
Fortunately, today there are numerous highly renowned law firms on which you can count on for any legal problems. Following are some tips to help you choose a wrongful death lawyer:
- Area of legal expertise
Lawyers have different areas of expertise. For instance, if the death was caused by medical negligence, a lawyer specializing in tackling medical-legal issues will be able to help you.
Even if a lawyer has a fewer years’ experience compared to a lawyer with 30 years’ experience, if the former has a better reputation in resolving legal issues, it would be better to opt for them.
- How they work with their clients
When you are filing a wrongful death lawsuit, you are going through an extremely difficult time. So, it is important to choose a litigator who is easy to work with. Ask them many questions during your interview with them to understand their style of working and how they will help you win your case.