A Guide to Understanding Wrongful Death and When to Seek Legal Assistance

 

When someone you love dies as the result of another’s negligence or irresponsibility, their death becomes very real in a way that can be difficult to deal with.  In fact, grief and rage can cloud your judgment and affect your ability to make decisions about your loved one’s final arrangements or future care. You may also not be aware of the full range of options available if you decide to pursue legal action against the responsible party. Many things to consider, and this guide will help you understand everything when dealing with the aftermath of wrongful death.

What is Wrongful Death?

Wrongful death is the cause of a person's untimely demise due to the negligence or wrongdoing of another party. Wrongful death is often classified as a personal injury claim, meaning that if you were injured or killed because of someone else's negligence, they are liable for paying restitution on your behalf which may include medical expenses, lost wages from work, funeral costs, punitive damages and even pain and suffering. A personal injury attorney in Rio Rancho can help you understand the claim and receive compensation for your loss and suffering.

Who Can File a Wrongful Death Claim?

In the United States, there are two types of people who can file a wrongful death claim: the executor of the deceased's estate or someone with a special relationship with the deceased. The executor is either named in the will or appointed by a judge if there is no will.

What are the Damages of a Wrongful Death Claim?

The damages in a wrongful death claim are often extensive but can vary depending on the circumstances of the case. In general, damages include both economic losses (e.g., lost wages) and non-economic losses (e.g., pain and suffering). Economic losses may be further broken down into past due wages, future lost earning capacity, present value of pension benefits, insurance proceeds for medical or funeral expenses, or life insurance proceeds for unpaid debts. Non-economic losses may include pain and suffering (also called general damages), mental anguish, physical impairment and disability; disfigurement; loss of love; loss of companionship; loss of care services; grief; sorrow; fright and anxiety experienced before death with no prospect for recovery.

How Do I Prove Wrongful Death?

If you believe someone acted negligently, there are three types of damages you can claim: economic damages, non-economic damages, and punitive damages. Economic damages are expenses that can be quantified such as medical bills, funeral costs, etc. Non-economic damages cover intangible factors such as pain and suffering which cannot always be calculated monetarily. Punitive damages allow plaintiffs to hold defendants accountable by forcing them to pay more than the standard award in cases where they were particularly reckless or acted with malice aforethought.

In order for these damages to be awarded, plaintiffs need evidence of wrongdoings that show their injury was foreseeable and proximate cause resulted from defendant's conduct. Please contact a personal injury law firm Rio Rancho nm to discuss about your legal options.

When Should I Contact Personal Injury Attorney in Rio Rancho about Wrongful Death?

When the cause of death is in dispute: If there is any question about the cause of a loved one's death, it is important to contact an attorney as soon as possible so that your family will have someone on their side who can help them determine what happened. If you or a loved one has been accused of murder, it is also important that you consult with an attorney to make sure that your rights are protected and understood throughout the entire process.

7 Personal Injury Claim Mistakes You Can't Afford To Make

 

A personal injury claim can be an effective way to recover lost wages and cover medical bills from an injury caused by someone else’s negligence. However, if you file a claim the wrong way, you could end up with reduced compensation or even none at all. Avoid these six personal injury claim mistakes to protect yourself from problems down the line explained by seasoned attorneys from the personal injury law firm in Rio Rancho nm.

1) Ignoring Legal Advice

It's important that you seek legal advice before filing your personal injury claim. A personal injury attorney in Rio Rancho will be able to help you make sure that you follow all the right steps and avoid any legal pitfalls. He or she will also be able to negotiate on your behalf, which can result in a better settlement or award.

2) Waiting Too Long To Take Action

If you or a loved one has been injured, it is very important that you take action as soon as possible. The longer you wait, the more likely it is that your claim will be denied. If you are unsure of what needs to be done, seek legal assistance.

3) Failing to Keep Records

Many people are under the mistaken impression that they don’t need to keep records of their medical expenses if they have health insurance. The truth is that you should save all of your receipts, bills and any other paperwork related to your injury no matter what kind of coverage you have. If you don’t keep records, it will be much more difficult for your lawyer to help you negotiate a settlement with the at-fault party.

4) Representing Yourself

If you're considering representing yourself in a personal injury claim, it's important to know what is at stake. Filing a claim on your own means you'll be responsible for every aspect of the lawsuit from beginning to end. If you're going to handle the suit yourself, you'll need to make decisions about everything from hiring experts and taking depositions all the way up to negotiating with opposing counsel and presenting your case in court. Things can go wrong and it’s advisable to get legal assistance from a seasoned personal injury attorney.

5) Accepting Insurance Company's Offer without Consulting the Lawyer

If you have been injured, it is important that you consult car accident lawyers in Rio Rancho before accepting any offer from the insurance company. Insurance companies are not your friend and they will try to get the best settlement for themselves.

6) Filing a False Claim

One of the most common mistakes people make when filing a personal injury claim is submitting a false claim. This is not only illegal, but it can also affect your credibility and lead to an unfavorable settlement. If you are unsure whether you have a legitimate case, don't file a lawsuit just yet—instead, consult with an attorney first.

7) Not Seeking Medical Treatment

If you think you were injured, it's important to go get checked out right away. That way, the doctor can tell you whether or not your injuries are serious enough to warrant filing a claim. If so, your medical records could be useful evidence in court.

Mistakes to Avoid When Filing a Personal Injury Claim

When you are involved in an accident that was not your fault, you may be entitled to compensation by filing a personal injury claim against the party who caused the accident. However, many people do not know how to file an effective claim and end up making mistakes that hurt their chances of receiving compensation. Here are the most mistakes you should avoid when filing a personal injury claim, so that you can better your chances of getting the money you deserve for medical bills and property damage costs that were incurred during the accident.

Not Gathering Evidence

Unfortunately, many people who file personal injury claims do not take the time to document their injuries, lost wages, and medical expenses, which leaves them without an adequate case. However, it's easy enough to protect yourself against this mistake by taking some simple precautions. Gather as much as evident possible to increase the value of your compensation.

Not Consulting With a Personal Injury Attorney in Rio Rancho First

Common mistake people make when filing a personal injury claim is thinking they don't need an attorney. Unless you're experienced in this area, it's best to consult with someone who knows the ins and outs of the legal system before proceeding with your case on your own. Hiring car accident lawyers in Rio Rancho typically costs less than trying to represent yourself in court.

By taking this step, you're much more likely to have a successful claim and will have some guidance as to what type of compensation you may be entitled to. Furthermore, by approaching an attorney from a reputed personal injury law firm in Rio Rancho nm, you can find if your case has merit or if it's best for you just move on. Don't make the mistake of not consulting with an attorney first.

Not Knowing Your Rights under the Law

One of the worst mistakes you can make when filing a personal injury claim is not knowing your rights under the law. Knowing your rights will help protect your claim and any possible settlement negotiations.  Don't sign anything without understanding it first!

Not Staying in Touch with Your Insurance Company

Stay in touch with your insurance company to ensure they know about your claim's current state. Remember, you'll need them later if you settle out of court or go before a jury. One way to maintain contact is by contacting them monthly for updates and you can also periodically check in with them for updates and questions along the way.

Being Unreasonable About What You Are Willing to Accept

It's important to be reasonable about what you are willing to accept. Suppose an insurance company, for example, offers you $10,000 dollars in compensation for your injury, and you are only willing to accept $15,000 dollars or less because the injury makes it difficult for you to do certain things. In that case, that might be grounds for rejecting the offer. Be reasonable so both parties can walk away from the negotiating table feeling like they won something!

Not Realizing How Much It May Cost in Future Medical Expenses

Remember that what you pay for your initial medical bills is not all you will have to deal with. The costs can go up in the future, so filing for and documenting your expenses is important. That way, if anything changes and you are no longer eligible for reimbursement from your insurance company or other sources, you'll still be able to recoup some of those costs.

Giving Up If You Don’t Get What You Want the First Time Around

One mistake many people make is giving up right away. Don’t let disappointment or anger get the best of you. The longer you wait, the more attached you’ll become and the more persuasive your arguments will be. Give yourself some time and space to relax, read over your insurance policy, and then go back at it with fresh eyes.