Dealing with the loss of a loved one is complex and painful. If the person passed as a result of someone else’s negligence, their family may be able to bring a claim against those responsible. In Austin, and most of the U.S., this is called a claim for wrongful death. Such claims are often based on a death resulting from a car crash but also include deaths caused by many other types of negligence, including deaths resulting from medical malpractice, unexpected falls, and workplace incidents – to name a few. In other words, wrongful death claims allow the family of the deceased to pursue those responsible for their loved one’s death.
Making a Claim for Wrongful Death
If you suspect negligence or intentional harm regarding the death of your loved one, you may have a basis for bringing a wrongful death claim against those responsible. If you suspect you have grounds for a case, it is important to immediately take action.
1. Contact an Injury Attorney with Wrongful Death Experience
Wrongful death claims are very emotional for all involved and they can also involve complicated legal challenges. Speaking with an injury attorney that has experience handling wrongful death claims can help ensure that the legal aspects of the claim are handled while the family copes with their loss. If you are in Nevada, one of the experienced attorneys at SJW Injury Attorneys can help. While some wrongful death claims are clear, we have found that many people are unsure if they have a basis for bringing a wrongful death claim. The best way to know is to speak with one of the experienced lawyers at our office. When you are ready, we will take the time to carefully discuss what happened and help you understand if you can bring a claim. As always, consultations are completely free. Simply contact us and we will set up a time that works best for you.
Once you have retained our office, we will begin by collecting the records and information surrounding your loved one’s death. After we have collected the available information, an investigation into the facts and circumstances of their passing is often the next step. The type and extent of the investigation needed are dependent on the facts of each claim but often involve collecting records, consulting with experts, legal research, the use of private investigators, and more. We will also investigate the companies involved, if any, and determine which parties were responsible.
3. Making a Claim and Litigation
After all of the needed records and information is collected, our office will make a claim on the responsible parties. Unfortunately, very few such claims are resolved without first filing a lawsuit. It is usually in our clients’ best interest to attempt to do so and, even if the claim cannot be resolved before litigation, making a pre-litigation demand often helps the parties understand each other’s position with regards to the claim and, sometimes, it helps them to reach an agreement further into the process.
Again, in most wrongful death claims, however, a lawsuit is necessary. During litigation, both parties will continue their investigation of the claim through a process called discovery. During the discovery phase, both parties will have access to additional information which may allow them to ultimately come to an agreement. If not, the claim proceeds to trial and, possibly, to an appeal of the trial. If you are looking for assistance with your case in Nevada, specifically, and are searching for “wrongful death attorneys near me,” contact SJW Injury Attorneys for a free consultation. We are here to help, especially in this trying time for you and your loved ones.