Sunday, October 22, 2017

How Can a Wrongful Death Lawyer Help You?


The loss of a loved one is among the most difficult things a person can endure. That loss is especially difficult to accept when it happens suddenly and is due to the fault of someone else. When a death is caused by the negligence or misconduct of another, it is considered a wrongful death and there may be a legal claim to be pursued. In Washington State, the law regarding wrongful death litigation can be complex; potential claims and recoveries can vary based on whether the deceased was an adult or a minor and who survived them. In such a trying time, it is important to have an experienced litigator on your side to make sure the rights of the deceased and their surviving loved ones are honored.
For the Rightful Claims
An experienced wrongful death lawyer can also help you to settle any wrongful death claims. In Iowa, wrongful death settlements must be approved by the Court and there are additional legal requirements if minor children will receive a portion of the settlement.
For the Right One to Get the Claims
can help you with is determining who should bring the wrongful death claim and who has a right to recover damages because of the wrongful death. Many claims in Iowa must be brought by the executor or administrator of the estate of the deceased person. This requires that an Estate be established, even in cases where the person dies without having a will. An experienced wrongful death lawyer will be able to file all of the necessary paperwork to set-up an estate and comply with all of the complicated rules regarding maintaining an estate. Sometimes other people should also be parties to the lawsuit in addition to the Estate, including the parents of a minor child who has been killed.
Hiring a wrongful death lawyer will increase your chances of obtaining justice and compensation. Insurance companies and businesses tend to negotiate quicker when they see that you have legal representation. Most companies will try to avoid lengthy court cases because of the bad publicity. Most businesses cannot afford to lose revenue or their good public image.
It is very important to hire an attorney who is reputable. Searching online is your first step. Once you find a possible choice make sure they have references for you to check. Once you have hired your attorney rest assured, having a wrongful death lawyer on your team will greatly increase your chances of obtaining justice and compensation which you seek. Your attorney will be representing your interests.
The earlier you find a wrongful death lawyer, the better. The investigation into the facts of the case could be crucial to your claim. Witnesses need to be found and sworn statements may need to be taken. Police officers need to be interviewed, photos of the scene need to be made, and crucial evidence needs to be preserved. Sometimes the attorney can conduct the investigation. In many cases, however, a qualified private investigator must be hired for a proper investigation. Not all investigators possess the same skills.

Police officers need to be interviewed, photos of the scene need to be made, and crucial evidence needs to be preserved. Sometimes the attorney can conduct the investigation. In many cases, however, a qualified private investigator must be hired for a proper investigation. Not all investigators possess the same skills.

Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com

Monday, October 2, 2017

Wrongful Death Lawyer: Who May File a Wrongful Death Case?


A wrongful death claim should be filed by those left behind by the deceased. In most cases, the surviving members of the family will ask personal representative or a wrongful death lawyer. If a surviving wife or husband will not file then the court itself will appoint a personal representative. Any damages given as a result of the claim filed by the wrongful death lawyer are held by the estate of the deceased for the benefit of surviving family members:
An experienced counsel is important because a claim for wrongful death can be complicated. The most successful lawyers are those that communicate with the client, and work to achieve a common goal – obtaining adequate financial recompense. A skilled lawyer will protect the rights to their client and provide proper representation by building a solid case to prove the four elements of a wrongful death claim.

Before you file a claim relating to wrongful death, it’s important to make sure you’re aware of the specific elements that make up a wrongful death claim. These elements include: There are four key elements involved in wrongful death as defined by law. Surviving members submitting a claim or filing a lawsuit must prove each element to win a case for financial recompense. The four key elements that your wrongful death lawyer annapolis md will consider include:

Due to Someone’s Negligence

The surviving members or their legal representatives must prove the death of their loved one was caused (in part or in whole) by the recklessness, carelessness, or negligent actions of the defending party.

Due to a Breach of Duty

To be successful in the case, it must be proved that the defendant in a wrongful death lawsuit owed a duty to the deceased victim. For example, a motorist maintains a duty to drive safely, and follow and obey every traffic law. Doctors and medical health providers have the duty to maintain a patient’s health. It is up to the plaintiff to establish how the defendant’s duty existed, and that the duty was breached through their negligent actions.

Due to Cause and Effect

In addition to proving how the duty of the defendant was breached toward the deceased, the lawsuit plaintiff must also prove how the defendant’s negligence caused their loved one’s death.

Due to Damages

The death of the victim must have generated quantifiable damages such as hospitalization, medical expenses, funeral and burial costs, loss of income and potential earnings, loss of protection, guidance and inheritance along with pain and suffering of the victim prior to death.

Proving these points in court through a wrongful death lawyer lawsuit requires producing strong convincing evidence and expert witness testimony presented by a skilled attorney specializing in a wrongful death lawyer’s cases.

Interest and attorneys' fees. In some states, the survivors can recover interest on the damages from the time they were incurred up to the time they are collected. And in some cases, the survivors can get reimbursed from the defendant for attorneys' fees and costs incurred in the bringing the lawsuit.

Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com