What Does a Wrongful Death Attorney Do?
When a loved one dies before their time, it is especially difficult for those closest to them to deal with their early passing. The death of their loved one seems unfair and they may be unsure of what to do to get past the death and move forward. If the person dies because of another person’s or entity’s fault, the next step may be to get an attorney who will help family members get compensation to ease their financial burden.
Kevin Attkisson of The Attkisson Law Firm explains that “When people lose a loved one from a fatal accident, they need a wrongful death attorney who understands their situation and who has a genuine interest in getting them the results they need.
Wrongful death accidents are most often auto accidents, but they can include a broad range of situations. As long as the death resulted from an accident that was another entity’s fault, it may be considered a wrongful death. Although every state in the U.S. has some type of wrongful death law, the specific laws differ by state. This is why talking with a wrongful death attorney who is experienced and has knowledge of your state laws is important towards winning your case.
From Evaluation to Claim
If you believe you may have a wrongful death case, you will begin the process by scheduling an initial consultation with a highly rated attorney. Before you can file a claim in Ohio, you will need to provide that you are a spouse, child, or parent of the deceased. In other words, take a marriage license or birth certificate with you to prove your relationship to the attorney.
Take any evidence or reports that you have with you. If there were witnesses or you have obtained an accident report, take them to the attorney. The same is true for any medical records or bills that you have already gained access to.
The attorney will look at the circumstances of the accident and the cause of the deceased’s death to determine whether the other party is likely to be determined “at fault” for the accident and the resulting death.
After making a determination, the attorney will tell you what your options are. When making a claim, it will not necessarily be for an individual. For example, if the accident was the result of another person’s actions, you may file a claim against the individual but if the accident resulted from improper equipment on the workplace, the lawsuit will be against the company.
Once the lawsuit has been filed, the wrongful death attorney will have access to a lot of the information that you have not been able to obtain. He will gain access to witness statements, records, accident reports, and other types of evidence. In addition, he will be able to take depositions from everyone involved in or witnessing the accident. If there is video footage, the attorney can gain access to them through subpoenas.
A reputable wrongful death attorney will fight for his clients to get the best settlement possible. Experience is an important factor in their ability to be successful in the largest majority of cases, including yours.