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Wrongful death claims are legal actions initiated when an individual's death is directly caused by the negligence, recklessness, or deliberate behavior of another party. These claims are intended to provide compensation for the survivors who suffer damage from the death. This might include immediate family members, dependents, or estates, depending on state laws.
Common scenarios that may give rise to wrongful death claims include, but are not limited to, automobile accidents, medical malpractice, workplace accidents, and criminal actions. The purpose of a wrongful death lawsuit is to recover damages that can cover funeral costs, lost wages, lost companionship, and other hardships.
Knowledgable in Relevant Law: Wrongful death laws vary significantly by state and are complex. An attorney specializing in wrongful death will have a thorough understanding of these laws and the nuances that apply to these emotionally charged cases. In Michigan, wrongful death statutes allow family members and other beneficiaries to seek compensation when a loved one dies due to the wrongful acts, neglect, or fault of another person or entity.
Experience with Insurance Companies: Wrongful death claims often involve dealing with insurance companies, which can be challenging to navigate. Experienced wrongful death attorneys are adept at handling tough negotiations to secure fair settlements.
Investigative Resources: Establishing negligence in a wrongful death case requires a robust investigation. Specialized attorneys have the necessary resources and connections to expert witnesses, such as accident reconstruction analysts and medical professionals, who can strengthen the case.
Compassionate Representation: Dealing with the loss of a loved one is incredibly stressful. A wrongful death attorney who is sensitive to the emotional aspects of your case can provide the compassionate support needed while handling the legal complexities on your behalf.
Maximizing Your Compensation: An experienced wrongful death attorney will be better equipped to evaluate the full value of your claim, including non-economic damages like pain and suffering and loss of companionship, ensuring that you receive just compensation.
Litigation Skills: If a fair settlement cannot be reached out of court, a wrongful death case may go to trial. Specialized wrongful death attorneys have the trial experience necessary to present your case effectively in court and advocate on your behalf.
Choosing the right wrongful death attorney is crucial as it not only affects the outcome of the legal process but also impacts the level of stress you endure during such a difficult time. Opting for an attorney with specific expertise in wrongful death cases can significantly ease the burden, allowing you to focus on healing and recovery.
Wrongful death occurs when a person dies due to the legal fault of another individual or entity. The right to file for wrongful death is a relatively new concept that originated in the last century to provide financial support for widows and orphans and to encourage people to exercise care to prevent injuries.
Legally, wrongful death claims are civil actions made by the survivors or the estate of the deceased. The basis of these claims is that the death resulted from negligence, recklessness, or deliberate misconduct and that the survivors are entitled to monetary damages as a result of the proper defendant’s conduct.
Auto Accidents: Often due to negligent driving, such as speeding, drunk driving, or distracted driving.
Medical Malpractice: Errors in surgery, misdiagnosis, or improper medication prescriptions can lead to a patient’s death.
Workplace Accidents: Especially common in industries like construction and manufacturing where safety hazards are more prevalent.
Product Defects: Fatalities caused by defective or unsafe products.
Criminal Actions: Incidents involving intentional harm like assault and murder.
Premises Liability: Accidents occurring on unsafe premises, including slip and fall accidents.
A wrongful death attorney acts as the representative of the deceased’s estate or the family members affected by the death. Their primary role is to establish the liability of the party at fault through evidence and legal argumentation and to secure compensation for their clients.
Investigation: Gathering evidence to support the claim, including police reports, witness statements, and expert testimonies.
Filing the Claim: Officially filing a wrongful death lawsuit against the defendant(s).
Discovery: Exchanging information and evidence with the opposing party through depositions, requests for documents, and interrogatories.
Settlement Negotiations: Attempting to reach a financial settlement before trial.
Trial: If a settlement is not reached, the case will be presented in court before a judge or jury.
Award or Settlement: Receiving a financial award either through a jury verdict or a settlement agreement.
Experience: Look for an attorney with specific experience in wrongful death cases, especially with cases similar to yours.
Success Rate: Consider their track record of settlements and verdicts in wrongful death cases.
Resources: Ensure they have the necessary resources to handle your case, which could include access to expert witnesses and investigators.
Communication: Choose an attorney who communicates clearly and regularly updates you on your case's progress.
Empathy: The attorney should handle your case with sensitivity and respect during this difficult time.
Selecting a competent wrongful death attorney is critical, as their expertise not only influences the potential outcomes of the case but also impacts how the process is experienced by those grieving the loss of a loved one.
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This is an excellent law firm in Lapeer (and Oakland County). The senior partners, Colleen and Marc are highly intelligent and skilled attorneys with extensive experience including litigation of all types, matrimonial, criminal, wills and other matters. They truly care about every client and deliver results. I cannot recommend them enough. You'll be glad that you hire them if you do.
I'm incredibly thankful I found this firm! Very knowledgeable and attentive; offers excellent advice and gets the job at hand done very well. Marc Sackin made me feel like I was his only client and priority, as I'm sure he does with all of his clients. I would highly recommend him or his colleagues.
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