How Wrongful Death Lawyers Guide Families Through Legal Challenges

Losing a loved one is an incredibly trying time, and in the event that the death was due to another party’s negligence or wrongdoing, a family may be entitled to compensation. Wrongful death attorneys can investigate, gather evidence, calculate damages, and negotiate settlements.

Duluth Wrongful Death Attorney also provide support, guidance, and years of expertise.

They Help You Understand the Legal Process


Losing a loved one is painful enough, but it’s even more devastating when their untimely death was caused by the negligence or wrongdoing of another person or entity. Wrongful death attorneys understand the complicated legal process that must be followed to recover compensation and hold liable parties accountable for their actions.

An experienced attorney can help you gather the necessary evidence to build a strong case. This can include eyewitness testimonies, documentation of the incident’s details and circumstances, expert testimony, and more. Such evidence helps substantiate claims and establish liability for the death of your family member.

For example, if your relative was killed in a car crash, your lawyer may request police and accident reports that detail the incident’s specifics. This information can help them determine preliminary fault assessments and other vital aspects of the case. Additionally, an attorney can review financial records like pay stubs or tax returns to demonstrate quantifiable damages such as funeral expenses and lost income.

A wrongful death lawyer can also help you identify all potentially liable parties and their insurance companies. They can then negotiate a fair settlement to ensure that your family isn’t taken advantage of during this difficult time. Moreover, if the case does end up going to trial, an attorney can represent you in court by presenting evidence and cross-examinating witnesses.

In a wrongful death case, the plaintiff must prove that their loved one’s untimely death was caused by the defendant’s negligent or reckless behavior. This is done by establishing a link between the defendant’s breach of duty and the tragic outcome. The plaintiff must also demonstrate that the deceased’s loss led to monetary damages. For example, the heirs of the victim can claim awards to cover their economic and noneconomic losses, including funeral costs, lost income, and mental anguish. If the defendant acted with extreme recklessness or malice, punitive damages might be awarded as well. These additional damages serve as a form of punishment and deter others from engaging in similar behavior. Wrongful death attorneys are well-versed in state laws regarding who is eligible to file a lawsuit and how damages are calculated.

They Help You Gather Evidence

The loss of a loved one is a challenging time, especially when the death was caused by another person or entity’s negligence and wrongdoing. Wrongful death attorneys work diligently to help surviving family members seek justice through a claim against the responsible party. They build a strong case by gathering and analyzing relevant evidence. This includes medical records, witness statements, accident reports, and expert testimony. This evidence serves several important purposes, including establishing liability and supporting causation – two key factors in a successful wrongful death lawsuit.

Witness statements offer a first-hand account of the circumstances leading to your loved one’s untimely passing. They paint a picture of events that may have been missed by investigators. Likewise, an autopsy report offers definitive cause-of-death information and can highlight any pre-existing conditions. It can also shed light on whether any health care professionals were negligent in their duties.

While a lawsuit can’t bring your family member back, it can provide compensation for financial losses incurred as a result of the incident. This can include funeral expenses, lost wages, and emotional pain and suffering. A wrongful death lawyer will use the evidence to calculate these damages and determine what your family is entitled to receive.

An experienced attorney knows how to gather and analyze this evidence and present it in a compelling way that will help you get the settlement you deserve. Choosing an attorney who is highly rated by past clients and has extensive experience in wrongful death cases is essential.

Moreover, it’s critical to find an attorney who communicates well and keeps you updated throughout the legal process. They should also be willing to take the time to answer any questions you may have about the case and its progress.

If you have questions about a potential wrongful death lawsuit, contact us today for a free case evaluation. Our team of experienced lawyers can help you navigate the complexities of the legal system and fight for the compensation you deserve. We understand that this is a difficult time for you and your family, but we are here to support you every step of the way.

They Help You Negotiate

When a loved one dies due to another person’s negligence or wrongdoing, your family members may be entitled to financial compensation. Your wrongful death attorney can help you pursue this justice by filing a claim against the responsible party and representing you in negotiations or at trial.

A wrongful death case is complex and involves many elements, including proving causation and calculating damages. Proving causation requires evidence that clearly shows a link between the defendant’s actions and your loved one’s untimely death. Then, your attorney must identify and prove the extent of your losses, such as funeral and burial expenses, loss of companionship, and lost income. A wrongful death attorney can gather this evidence and determine a fair amount of compensation for your loss.

Wrongful death attorneys understand that no amount of money can bring back your loved one or make up for the pain and suffering you have experienced, but a settlement can provide closure and ease some of your family’s financial burdens. Your attorney can also help you consider the pros and cons of different settlement types, such as a structured or lump sum payment, and determine the best approach to your situation.

Depending on your state’s law, you may be eligible to recover both economic and noneconomic damages. Economic damages include the cost of medical care your loved one received before his or her death, funeral and burial expenses, and the loss of income your family member would have earned if he or she had lived. Noneconomic damages include mental pain and suffering, loss of consortium, and other losses. In some states, you can also sue for punitive damages, which are designed to punish the liable party for particularly egregious conduct and serve as a deterrent to others.

The attorneys at Shaevitz & Schaevitz are committed to helping families like yours obtain the justice they deserve. Contact us today to get started with a free, no-obligation case evaluation. We work on a contingency basis, so you pay no fees unless we recover compensation for you. Call or fill out our online form to request your consultation.

They Can Go to Trial

The loss of a loved one is always devastating, but it can be even more difficult to process when the death was due to someone else’s negligence or recklessness. Wrongful death attorneys are experienced in dealing with these types of cases and have a high rate of success. They can take care of all the legal work involved and work hard to recover financial compensation for the victim’s family.

A wrongful death attorney can explain the specific laws in your state and help you understand what steps need to be taken to file a lawsuit. They can also help you determine which relatives are entitled to receive compensation and what damages might be awarded. They will evaluate any available evidence to see if there is a case for wrongful death.

If there is a case for wrongful death, the lawyer can conduct a thorough investigation of the accident and its cause. This can include interviewing witnesses, collecting security footage, and researching records from past incidents. They can then use this information to build a strong case on your behalf and present it to the defendant’s insurance company for a fair settlement.

Wrongful death lawyers can also file requests for admission from the other parties in a claim and use expert witness testimonies to establish undisputed facts in the case. This phase is crucial in constructing a strong case and may lead to a faster resolution of your wrongful death claim.

While the settlement negotiations are taking place, a wrongful death attorney can file a motion for punitive damages. These are additional awards that are intended to punish a liable party for particularly egregious behavior and serve as a deterrent for others.

If the insurer and the at-fault party are unable to agree on a settlement amount, the case can proceed to trial. At trial, the judge and jury will evaluate all the evidence, make a decision on liability, and award damages. A wrongful death attorney can help prepare your case for trial and argue on your behalf before a jury. The verdict will then be final and you will receive your compensation.