Losing a loved one has various detrimental effects on the surviving family members. For instance, a family member's grief can affect their mental health, thus disrupting their daily lives. Furthermore, the family might suffer financially, especially if the deceased were the breadwinner. The law offers a remedy for the surviving family members to seek compensation if someone's negligence caused their loved one's death. One can file a wrongful death lawsuit involving medical malpractice litigation or an auto accident lawsuit. However, you should ensure that you hire competent wrongful death attorneys if you want to prevail in your claim. Below are three reasons to retain a wrongful death attorney:
To Determine One's Eligibility to Pursue the Claims
The law limits the type of people that can pursue a wrongful death claim after someone's death. It mainly recognizes the surviving dependents of the deceased. However, this varies from one jurisdiction to another, with some states allowing estate representatives in addition to spouses, children, and parents. Moreover, jurisdictions have different laws regulating the circumstances requiring children and parents to obtain compensation. Thus, surviving family members should consult wrongful death attorneys to determine their eligibility to pursue the claim.
To Establish a Cause of Action
People should consult an experienced attorney to establish a cause of action. Wrongful death attorneys have the experience to review cases and determine their winning probability. The attorney can also help clients obtain the deceased's medical records for review and establish the claim's validity. Thus, surviving family members seeking compensation after their loved one's death should hire a wrongful death attorney to review the case and establish a valid cause of action.
To Obtain Expert Testimony
Wrongful death lawsuits rely on expert testimony. It helps the court to understand the evidence presented before determining whether or not a claim should succeed. For instance, expert testimony is crucial in determining the cause of death in cases where an autopsy was conducted. Thus, people should consult wrongful death attorneys for assistance in finding expert witnesses that can testify to the loved one's cause of death. Wrongful death attorneys have a network of competent medical practitioners, coroners, and pathologists who can link death's cause to the accused negligent actions. For example, experienced cardiologists can explain to the court how another heart surgeon acted negligently, causing a preventable death. Thus, surviving family members should consult a wrongful death attorney who will work with an expert witness to present solid evidence supporting their claim.