Wrongful death law allows individuals who were close to a departed person to seek compensation for what happened. If someone's spouse died in a work accident, for example, the spouse has the right to demand money for the loss.
However, filing a claim is a process, and it's important to be aware of what to expect. A wrongful death attorney will tell you to anticipate these four aspects of a case.
Investigation
You'll need to present an argument for why you deserve compensation. Even if a defendant is quick to offer a settlement, it's wise to conduct an investigation. This will help you to find all of the details of what occurred, ensuring you don't miss something that could entitle you to a higher award of damages.
An attorney has lots of investigative tools. They can look at reports of the accident, study what medical and post-mortem exams say, and interview people who were there. Likewise, they can send a written demand to the defendant to turn over video and audio recordings, maintenance logs, employment records, and other relevant data.
Formal Filing
Ultimately, the goal is to formally file a claim. This is a demand letter that states what the lawyer learned from the investigation. It also explains who you are and why you have the legal right to compensation. Similarly, the attorney will state what legal logic supports your claim and how the evidence of what happened furthers it.
The Defense's Turn
A defendant has a right to study what happened, too. If they send the claim to their insurance provider, the insurer will appoint an adjuster. This is a professional who has a duty to settle all valid claims.
The adjuster will study the demand letter, review the evidence, and conduct a separate investigation. If they believe the claim is invalid, they will send your wrongful death attorney a letter stating why they will not settle the case. Conversely, if they believe the claim is valid, they will review company data regarding similar cases and offer a settlement.
Negotiations
Ideally, the insurer accepts the claim and that settles the matter. However, an insurer might make an offer that's lower than your demand. Your counsel must show you the offer and provide their recommendation. If you're not ready to accept the offer, your attorney can negotiate.
In most cases, the parties settle. The alternatives if you can't settle, though, are either to sue or drop the case. If the case goes to trial, a jury will decide if you receive compensation and how much. To learn more, contact a wrongful death attorney.