What Does A Wrongful Death Lawyer Do And When To Call One

What Does A Wrongful Death Lawyer Do And When To Call One

Losing a family member is a painful and life-changing event. When that loss is caused by another person’s carelessness or a company’s negligence, the pain can feel overwhelming. In these difficult times, you may hear that you should contact a lawyer. But what exactly do wrongful death lawyers do? And when is the right time to make that call? This article will explain the vital role these legal professionals play and help you understand the steps involved.

At Freeman Injury Law, we know that no amount of money can replace your loved one. However, the legal process exists to offer financial stability and hold the responsible party accountable. Our role is to guide families through this process with compassion and determination.

What is a Wrongful Death Case?

A wrongful death case is a civil lawsuit filed when someone passes away due to another party’s negligence, wrongful actions, or failure to act. This is different from a criminal case. A criminal case is brought by the state and can lead to jail time. The family brings a wrongful death case to seek financial compensation for their losses.

These cases can arise from many situations. Some of the most common include:

  • Car, truck, and motorcycle accidents
  • Medical malpractice
  • Workplace accidents
  • Defective products
  • Slip and fall incidents on unsafe property

The goal of the lawsuit is to recover damages. These damages can cover medical bills, funeral costs, lost income, and the emotional loss of companionship and guidance.

The Core Duties of a Wrongful Death Attorney

A wrongful death attorney does much more than just file paperwork. They become your family’s advocate and legal guide during a profoundly difficult time.

  • They Conduct a Thorough Investigation

The first and one of the most important steps is investigation. Your lawyer will gather all the evidence needed to prove that another party was at fault. This includes collecting police reports, medical records, and eyewitness statements.

They may also work with expert witnesses. These experts can reconstruct an accident, explain a medical error, or testify about the full value of your family’s financial loss.

  • They Handle All Communication

After a loss, you may be contacted by insurance companies. It is important to know that these adjusters often aim to settle quickly for as little as possible. A lawyer handles all communication with them.

This protects you from saying something that might harm your case. It also shields you from the stress of dealing with complex legal and insurance jargon.

  • They Determine Liability and Value

A key part of a lawyer’s job is to identify all potentially responsible parties. In a complex case, there might be multiple entities at fault. For example, a car accident case could involve another driver, a vehicle manufacturer, or a government entity responsible for road maintenance.

The lawyer also works to calculate the full, long-term value of your claim. This includes not just immediate costs, but future lost wages, loss of inheritance, and the non-economic value of losing a loved one’s love and companionship.

  • They Navigate the Legal System

Wrongful death claims are governed by specific laws and strict deadlines, known as statutes of limitation. In Florida, you have a limited time to file a lawsuit. Missing this deadline can forever bar your family from seeking justice.

An experienced wrongful death law firm understands these rules completely. They manage all the complex court filings and procedures, making sure every deadline is met and every document is perfect.

When Should You Call a Wrongful Death Lawyer?

This is one of the most common questions families have. The simple answer is: as soon as you are able.

As Soon as Possible After the Loss

It is best to contact a lawyer soon after the funeral or memorial service. There are two main reasons for this. First, evidence is freshest and most available immediately after the incident. Witness memories are clear, and physical evidence is easier to obtain.

Second, starting the process early allows your lawyer to protect your rights immediately. They can advise you on what to do and what to avoid, preventing missteps that could hurt your case later.

Before Speaking to Insurance Companies

It is highly recommended that you speak with a lawyer before you give any recorded statements or sign any documents from an insurance adjuster. These companies are skilled at using your words to minimize the value of your claim.

Having a lawyer communicate on your behalf levels the playing field. It makes sure your family’s interests are protected from the very beginning.

When You Suspect Negligence

You do not need to have absolute proof of negligence to make the call. If you have a suspicion that someone else’s actions—or failure to act—caused your loved one’s death, that is enough reason to seek a free consultation.

A lawyer can investigate the facts and let you know if you have a valid case. At Freeman Injury Law, we offer these consultations to help families understand their options without any pressure or obligation.

How a Law Firm Supports Your Family’s Well-Being

The legal work is only one part of what a good law firm offers. The emotional support and client service are just as important.

Providing Clarity and Reducing Stress: The legal process is confusing. A good lawyer explains each step in simple, clear language. They make sure you understand what is happening and why. This clarity can greatly reduce the anxiety and stress your family feels.

We believe in being easy to reach. Our clients can text their lawyer or paralegal directly, send an email, or call. You are never treated like just a case number.

Allowing You Time to Grieve: By handling the heavy legal lifting, a wrongful death attorney gives your family the gift of time. You can focus on supporting each other and healing, without the added burden of managing a complex legal fight.

Knowing that a capable professional is fighting for your family’s future offers immense peace of mind.

What to Expect as the Case Progresses

A wrongful death case can take time to resolve. It typically moves through several stages.

  • The Investigation Phase: This is when your legal team gathers evidence, interviews witnesses, and consults with experts. This phase can take several months.
  • The Negotiation Phase: Once the evidence is strong, your lawyer will typically present a demand to the at-fault party’s insurance company. The vast majority of wrongful death claims are settled during negotiations without ever going to trial.
  • The Litigation Phase: If a fair settlement cannot be reached, your lawyer will file a lawsuit. The case then moves into the litigation phase, which involves discovery (exchanging information) and, potentially, a trial. A firm like ours is always prepared to take a case to court to fight for what your family deserves.

The Financial Aspect: How It Works

Most wrongful death attorneys, including our team, operate on a success-based fee basis. This means you won’t have to pay anything up front. Instead, our fee is a fraction of what we get for you. If we don’t win your case, you won’t owe us any fees for our legal services.

This system makes sure that legal help is accessible to everyone. It also aligns our interests with yours; we only succeed when you do.

Losing a loved one suddenly leaves a void that can never be filled. While a lawsuit cannot bring them back, it can offer the financial security they would have wanted for you. It is also a way to demand accountability and prevent the same negligence from hurting another family. If you believe your family member’s death was caused by someone else’s actions, reaching out to a compassionate and skilled legal team is a powerful step toward protection and justice.

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