When we lose someone close to us, it feels like we’ve lost a part of ourselves. It’s even more painful when the death is unexpected and not natural. It can feel particularly unjust when their death occurs due to someone else’s negligence or intentional actions.
In these situations, a wrongful death lawyer can provide crucial support, helping families navigate the legal process and fighting for the justice they deserve. This blog delves into the role of wrongful death lawyers, their duties, the steps they take to build a strong case, and real-life examples of their impact.
What Constitutes a “Wrongful” Death?
Cases of wrongful death are governed by state law and can vary based on the specific details of the case. In general, a death is considered “wrongful” when it is caused by someone else’s negligence or recklessness. This includes deaths resulting from car accidents, medical malpractice, defective products, and workplace accidents. If the responsible person or party could have reasonably prevented the death but failed to do so, they may be held liable in a wrongful death case.
Examples of Wrongful Death Cases:
There are various types of wrongful death cases, with common examples including:
- A driver causing a car accident that results in another person’s death.
- A doctor makes a medical error leading to a patient’s death.
- A company selling a defective product that causes someone’s death.
- An employer failing to provide a safe workplace, resulting in an employee’s death.
Responsibilities and Functions of Wrongful Death Lawyers In St. Louis
Wrongful Death Lawyers in St. Louis specialize in cases where an individual’s death is caused by the wrongful actions of another. Their primary responsibility is to represent the deceased’s surviving family members or estate in a legal claim against the responsible party. Here are some key functions they perform:
- Legal Representation and Advocacy
Navigating Legal Complexities: Wrongful death laws vary by jurisdiction, and lawyers must be well-versed in the specific statutes and precedents applicable to each case.
Courtroom Representation: If a settlement cannot be reached, they represent the family in court, presenting the case before a judge or jury.
- Investigation and Evidence Gathering
Collecting Evidence: This includes obtaining police reports, medical records, witness statements, and other relevant documents.
Working with Experts: Wrongful death lawyers often collaborate with medical experts, accident reconstruction specialists, and other professionals to build a robust case.
- Valuing the Claim
Economic Damages: Calculating financial losses such as lost wages, medical expenses, and funeral costs.
Non-Economic Damages: Assessing compensation for emotional distress, loss of companionship, and other intangible losses.
- Negotiation and Settlement
Negotiating with Insurance Companies: Lawyers negotiate with insurance companies to secure a fair settlement that adequately compensates the family.
Mediation and Arbitration: They may also engage in alternative dispute resolution methods to avoid a lengthy court process.
Steps to Build a Strong Wrongful Death Case
Building a strong wrongful death case involves meticulous preparation and strategic planning. Here are the essential steps followed by St. Louis wrongful death lawyers:
1. Initial Consultation and Case Evaluation
Assessing the Case: The attorney begins by meeting with the client to discuss the details surrounding the death and to evaluate whether there are valid reasons to pursue a wrongful death lawsuit.
Legal Strategy: a legal strategy is carefully crafted to address the unique details and legal aspects of the case.
2. Filing the Claim
Drafting the Complaint: The attorney meticulously lays out the legal foundation for the wrongful death claim in the complaint before submitting it to the relevant court. This entails meticulously recording the case’s specifics and succinctly and clearly stating the legal position.
Serving the Defendants: After the filing of the complaint, the attorney makes the required arrangements to guarantee that the defendants receive appropriate legal notice of the claim. In compliance with civil procedure rules, this may entail serving the defendants with legal documents through the use of a qualified process server or another suitable method. Strict guidelines must be followed in order to guarantee that the defendants are appropriately informed of the legal actions taken against them.
3. Discovery Process
Interrogatories and Depositions: Attorneys use a range of techniques to obtain data and proof during the legal discovery process. Sending written inquiries, or interrogatories, to those engaged in the case is part of this process. In addition, attorneys question witnesses and experts in person during depositions, obtaining sworn testimony in the process.
Document Requests: Lawyers ask for pertinent documents from the defendants and other parties involved in the legal proceedings in addition to interrogations and depositions. Contracts, emails, bank records, and any other evidence that might be relevant to the case can all be found in these documents.
4. Pre-Trial Motions and Hearings
Motion Practice: Lawyers may file pre-trial motions to resolve certain issues before the trial begins, such as motions to exclude certain evidence.
Settlement Conferences: They participate in pre-trial settlement conferences to explore the possibility of resolving the case without a trial.
5. Trial Preparation and Representation
Trial Preparation: This includes preparing witness testimony, organizing evidence, and developing persuasive arguments.
Courtroom Representation: The lawyer presents the case at trial, cross-examines witnesses, and argues on behalf of the family.
Conclusion
The role of a wrongful death lawyer is multifaceted, requiring a blend of legal expertise, investigative skills, and compassionate advocacy. These professionals play a crucial role in helping families navigate the aftermath of a tragic loss, seeking justice, and securing compensation. Through their dedicated efforts, St. Louis Wrongful Death Attorney’s not only provide financial relief but also drive positive changes that can prevent future tragedies.