Processing the death of a loved one is always extremely challenging. And, this trial becomes exponentially worse if the death is sudden or caused by third-party negligence. Therefore, it is reasonable to ask there is any legal recompense for the death, especially if it was a third party’s fault.
Wrongful Death: A Succinct Definition
Before we answer this question, let’s consider a concise definition of wrongful death.
Merriam-webster.com defines wrongful death as a “death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.”
Causes of wrongful death include motor vehicle accidents, medical malpractice, product malpractice, and industrial accidents caused by unsafe construction sites.
The Advantages Of Working With A Legal Expert
Even though taking legal action against the responsible third party will not bring the deceased back to life, it will result in financial restitution. Thus, the question that begs is: How do you start the financial restitution process?
The straightforward answer is that you need to hire a Kent wrongful death lawyer to manage the process from inception to conclusion.
By way of expanding on this topic, here are a few benefits of hiring a legal expert over attempting to manage the process yourself.
An Understanding Of The Intricacies Of The Tort Law
A wrongful death claim falls under the Tort or Personal Injury law. This law is a subset of the US Constitutional Law which is an interpretation of the US Constitution and founding documents. Personal injury cases tend to be inherently involved because of the need to prove that the third-party’s actions were negligent or willful.
A competent, member of the legal bar has the skill, knowledge, and experience to navigate the complexities of filing a personal injury lawsuit in the civil court.
It is also important to note that all torts fall must be filed in a civil court. In the case of wrongful death, the third party will more than likely face charges in the criminal court, especially in the case of a DUI or DWI charge. However, criminal charges do not equate to a civil claim. Thus, a civil suit must be filed as soon as possible after the incident.
Allow The Family Members To Mourn The Loss Of Their Loved One
Losing a beloved family member is generally extremely traumatic for the surviving family members. The death of a family member is ranked as the most stressful life event that anyone has to endure. It takes time to mourn and work through the loss. Therefore, it is wise to let an attorney deal with the wrongful death claim; thereby, reducing the already heavy load that the family is carrying.
The attorney will fill out the application forms, collect all the necessary supporting documents, and negotiate with the third-party responsible for the wrongful death’s legal representatives. Most personal injury civil claims are settled out of court due to successful negotiations between both sides’ attorneys.
On the other hand, if the lawsuit is not settled out of court, and it goes to trial, the personal injury legal expert is capable of arguing the case in court.
The raison d’etre behind hiring an attorney to manage the wrongful death claim is to ensure that the family does not have to worry about any aspect of this process.