A wrongful death claim can occur as a result of negligence, malicious actions, or strict liability. These claims are often difficult to pursue because they are wrapped in red tape. The full burden of proving a wrongful death claim lies with the plaintiff, so it is imperative a victim’s family members are prepared to work with an attorney to properly pursue their claim and receive a fair outcome. This information seeks to help individuals better understand wrongful death claims.
Meeting with an attorney is crucial for attempting to settle wrongful death claims. An attorney can review the details of the claim and help the family members of the deceased understand their rights and the steps that will be involved in pursuing their claim. After an investigation and the gathering of facts, the attorney will likely send a demand letter to the person being held responsible for the death. This is an attempt to settle the claim without court involvement.
In the demand letter, the attorney will state the complaint, the laws that support the plaintiff’s claims, and the demands for compensation. The defendant has a specific time period to reply with an answer to the letter of demand. This time period is typically thirty days or less, depending on the state. If negotiations with the defendant are not beneficial to a settlement, a lawsuit may be filed by the attorney.
Before the trial, the discovery phase of the case begins. This is where both sides are able to discover pertinent information from one another so each side will have all facts in the case. Pre-trial motions may be filed by either side before the actual trial takes place. Often, wrongful death cases are settled outside of court but, sometimes, a judge and jury must be called in so a fair outcome can be achieved.
If you are dealing with the wrongful death of a loved one, an attorney can help you. For further information on starting your claim, visit Northfloridaautoaccidentlawyer.com. With the help of an attorney, you can receive justice for the death of your loved one and the compensation your family deserves.
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