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How Does a Wrongful Death Lawyer Build a Claim?

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A wrongful death attorney reviewing documentation and paperwork to support the case at hand.

While loss is a natural part of life, losing a loved one is never easy, especially when their death is caused by another party.

If you’ve lost a loved one as a result of someone’s negligent or intentional actions, a wrongful death lawsuit can help cover the costs associated with your loss. Rely on a wrongful death lawyer to build a strong claim on your behalf and seek the fairest possible outcome.

What Is a Wrongful Death Case?

When you lose a loved one at the hands of another party, you may have a valid claim for wrongful death.

Wrongful death claims fall under the umbrella of personal injury law. However, instead of the victim themselves collecting compensation for their injuries, the victim’s family can recover financially.

Because an untimely death can cause so much pain and financial distress, wrongful death claims allow the family of a victim to pursue justice and monetary recovery.

Who Can File a Wrongful Death Claim?

Every state provides different provisions for wrongful death lawsuits, including who can file the claim. In Florida, the victim’s personal representative must file the wrongful death lawsuit on behalf of the victim’s family.

A personal representative is the designated individual in charge of the victim’s estate. If the victim had an estate plan, they likely chose their personal representative; however, if there is no estate plan, and therefore no personal representative, the probate court can appoint one.

In the lawsuit, the personal representative must list the family members who are to benefit from the proceeds of the case, which could include a victim’s:

  • Spouse
  • Children
  • Parents

Additionally, any other individuals who relied on the victim financially could benefit from a wrongful death claim.

Building a Wrongful Death Claim

There are several moving parts to a wrongful death lawsuit. To build a strong case that is likely to result in a successful settlement or judgment, the following must be addressed:

Cause

First, your wrongful death lawyer must determine the victim’s cause of death. Figuring out what caused the victim to die can provide crucial answers regarding liability.

Wrongful death claims can arise for many different reasons, including:

  • Motor vehicle accidents
  • Medical malpractice
  • Workplace accidents
  • Defective products
  • Negligent security

Depending on the circumstances of the victim’s death, you can find out whether you have a valid wrongful death claim and if so, who is responsible for the death.

Liability

Proving liability is one of the most important parts of a wrongful death lawsuit. Without successfully establishing a party’s fault, it would be nearly impossible to pursue financial compensation.

Typically, wrongful death cases arise out of negligent or intentional actions, although negligence is the most common. When a party acts negligently, they fail to act in the same manner a similarly situated person would have acted.

Establishing negligence requires satisfying the necessary elements, including:

  • Duty: The liable party owed a duty of care to the victim
  • Breach: The liable party’s act or omission breached their duty of care
  • Causation: The liable party’s act or omission was the actual and proximate cause of the victim’s death
  • Damages: The victim’s death resulted in losses to the plaintiff

Several parties may also share liability for a victim’s death. If this is the case, you can collect damages from all at-fault parties based on their percentage of fault.

Damages

Determining the value of your case is critical in order to ensure that you receive the fairest possible compensation. Damages rest upon the details of the victim’s death and your losses and could include:

  • Funeral and burial costs
  • Loss of companionship
  • The victim’s healthcare expenses
  • Loss of income and benefits
  • The victim’s pain and suffering
  • Loss of consortium

Your wrongful death lawyer can thoroughly review the details of your case to calculate your damages. After assigning a monetary value to your case, your attorney can fight for your rights to compensation for your losses.

Evidence

Evidence is needed to prove several details, including cause, liability, and damages.

Therefore, the more substantial your evidence, the stronger your case.

Some of the evidence that attorneys often use for wrongful death cases include:

  • Medical records
  • Police reports
  • Photos and videos
  • Witness statements
  • Surveillance footage
  • Expert testimony

The discovery phase in a lawsuit gives your wrongful death lawyer the opportunity to request and obtain any evidence they feel is necessary to build your case.

Consult with a Wrongful Death Lawyer Right Away

Wrongful death lawsuits can be stressful and tricky to navigate, but a skilled wrongful death lawyer can represent your best interests throughout the life of your case.

The attorneys at Schrier Law Group understand the difficulties of losing a loved one and want to help make it right. Contact us today to schedule your consultation.

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).

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My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

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The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

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Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean

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I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

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The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K

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Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

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Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

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Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen

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The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

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Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean

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Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

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I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

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