When Does a Death Warrant a Lawsuit?

Death and grieving are enough to deal with on their own. Add a scenario where ‘wrongful death’ and lawsuits are at play, and the circumstances become even more complicated and challenging. Still, with the right expert assistance, even wrongful death scenarios can be dealt with in a sensitive manner and in a way that favors the bereaved. So, when does a death warrant a lawsuit? We take a closer look below.

About Wrongful Death Scenarios and Lawsuits

Wrongful death is the term given to death that has resulted from the wrong actions, willful negligence, omission, or fault of someone else. So, the death of a worker resulting from an accident on a construction site where the site managers failed to properly secure and create a safe working environment is an example of a potential wrongful death scenario.

Importantly, an accident occurring is not necessarily, or automatically, indicative of a wrongful death situation where a legal claim can be made. This is because there are other mitigating factors to consider. As such, if you think you have a wrongful death claim, it is best to seek out the assistance of an Indianapolis wrongful death attorney or legal team. Consulting a legal team will help you decide if a death warrants a lawsuit and how to proceed.

What You Should Know About Acquiring a Wrongful Death Lawsuit

In instances of wrongful death, a lawsuit can be filed to compensate those loved ones (usually immediate family members) that have been left in the wake. In this case, it is important for the party wishing to file a claim to hire the services of a competent legal team for their representation. After all, litigation is no walk in the park for a layman, even when it seems you have an ‘open and shut’ case. A legal team will help you secure a successful outcome. Therefore, consider the following:

1. Track Record

A competent wrongful death lawyer or legal team will usually have some experience under their belt. This is easily verifiable by reviewing the outcomes of previous cases, as well as the independent reviews and testimonials of previous clients. The results from cases that have been tried and settled (even those settled out of court) are usually available. At the very least, you will be able to find who the successful parties were — that is, who won the case or litigation. It is important that your representation is successful in their cases more than they are not.

2. Experience and Specialization

In addition to looking carefully at previous cases, one can also look at the credentials of the lawyer or legal team in question. Most established wrongful death claim lawyers have years of experience in the field in addition to securing successful outcomes for their clients. As such, consider how long the legal team you intend to hire has been successfully representing cases like yours.

3. A Client Focus

Finally, ensure that your legal team has a client focus. This will go a long way in ensuring your litigation success.