Roles of a Lawyer in a Wrongful Death Case

If you have lost a loved one in an accident where another person was negligent, you might wonder what to do next. One of the pieces of advice you will get from friends, and other family members is to work with a lawyer. While you might know roughly the role of a lawyer generally, getting to know what the lawyer does for your particular situation is invaluable.

“Nearly 98,000 people lose their lives each year due to medical errors that can be preventable.”

The main objective of working with a wrongful death lawyer is to help you get a maximum settlement in the case. You work together with him to build a solid case to get you the compensation you deserve and justice for the deceased. Let us look at the top roles of a Chicagowrongful death lawyer in the wrongful death case.

He Investigates the Accident

The lawyer understands what he needs to do to investigate the case. He looks at the police report, identifies and talks to witnesses, and collects any evidence you missed. Once the lawyer has a clear picture of what happened, he uses the evidence to come up with a solid case.

The evidence is important as it helps to prove that the other party was negligent in their actions because the evidence will point to this fact. Using this evidence, the lawyer helps compute the value of the claim. For instance, employee records show how much money you earned in your lifetime and the cost of treatment.

Helps You Calculate the Damages

Loaded with evidence, the lawyer can calculate the damages that include:

·         Funeral expenses

·         Medical bills

·         The cost of pain and suffering

·         Lost wages

·         Future wages

The attorney then adds up all the damages to determine how much you are owed. They then include the cost in the demand letter that they send to the insurer. The aim is to let the insurer know the damages you have suffered and what you demand as compensation.

The demand letter gives the insurer time to respond with a counteroffer.

They File a Lawsuit on Your Behalf

Not all claims you file against the insurer get responses. Some are thrown in the bin, while for others, the company can offer you the lowest settlement. When this happens, the lawyer files a claim on your behalf to get the maximum settlement that you deserve.

It is wise that you consider this ability when choosing a wrongful death lawyer. He should be able to navigate the legal system during a trial and get you a fair decision.

The lawyer knows which documents to ask for from the other party so that he can file a lawsuit. He then takes depositions, which are questions directed to the other party to get more information about the case.

Negotiates for a Fair Deal

Once the lawyer files a lawsuit, the negotiations with the insurer start and both sides meet to forge the best way forward. Armed with the evidence they have collected, the lawyer uses it to build a strong case during the negotiation phase. The stronger the evidence, the higher the chances that you will get a better deal.

Represent You in Trial

If the mediation stage fails, the case has to go to trial. The lawyer’s role at this point is to present the collected evidence and argue the case on your behalf. He also cross-examines the defendant’s witnesses to prove to the jury that negligence led to the wrongful death and to convince the jury that you need to be compensated. The jury makes a decision and decides on the amount to be awarded.

The Choice of a Wrongful Death Lawyer Matters

The lawyer you choose to handle the wrongful death claim will matter with the outcome you desire. Choose a lawyer who has experience handling wrongful death claims and trials. A good lawyer helps you get a maximum settlement, giving you time to grieve.