A wrongful death case mainly hinges on the ability to prove negligence. This may sound elementary, however, apportioning negligence and blame is complicated. Wrongful death cases are ridden with several challenges. TJ Smith, a personal injury, and auto accident lawyer understands that there is so much at stake in these cases and his main goal is to make the negligent party pay for the losses. Taking a closer look at the complexities involved in wrongful death cases can help victims understand the need to seek legal advice.
Statute of Limitations
Civil actions such as filing a claim are bound by a statute of limitations. This puts a limit on when such cases can be filed. This statute differs from one state to another. For your claim to be valid, it needs to be filed within the acceptable time limit. This is why you need to consult with a wrongful death attorney. In as much as you have a valid claim, you must operate within the confines of the law.
There are certain situations when the courts may waive this statute. The statute can also be suspended in the case of a minor. However, you need to put up a strong case that compels the courts to grant a waiver if your situation warrants it. Hiring a lawyer helps you to sidestep some of the challenges that can delay your case or nullify it altogether.
The Perception of the Jury
You cannot put a monetary figure on life. As such, damages awarded in wrongful death cases may largely hinge on the perception of the jury towards the surviving estate. Generally, what you must do is appeal to the sympathy of the members of the jury. The surviving estate must show dependence in financial terms and also in care and advice. It is important that the direct beneficiaries are perceived by the jury as likable, genuine and trustworthy. They should not appear as individuals who want to make the most out of a sad situation.
Convincing the jury requires skill and expertise. They need to relate to your grief so that they are inclined to offer you the best settlement to help cater for your losses. It is important to note that the character of the deceased and his contribution to society will also be factored in. While there is no formula cast in stone to determine damages, your best bet is getting good representation.
An attorney who understands your plight and is aggressive is what you need to secure the settlement that you deserve. This emphasizes the need to ensure that you get the right attorney for the job. You should not have to suffer and dig deep into your pockets to cater for funeral and medical expenses if another party was responsible for the death of a loved one.
The surviving estate and victims need to give themselves the best shot at winning a good settlement by getting a wrongful death or personal injury lawyer that will ensure that the party liable pays for their actions.