Even though you may feel like you have your life planned out, the death of a loved one due to the negligence of someone else can rock the foundation of your existence, leaving you feeling like you have been unfairly robbed. Wrongful death cases are easily one of the more trying legal proceedings that you would ever have to take part in, but in the end, if the ruling is in your favor, it can give you a sense of vindication for the loss of life that has affected you so immensely. Here are two of the most common questions about being involved in a wrongful death case that you may have as a new client.
How can you go about getting medical records that will be required?
Medical records are typically a huge part of a wrongful death case. However, in some cases it can be difficult to obtain records for someone other than yourself because of privacy laws. Say the person who you lost was a parent or a significant other whom you were not married to, the records will likely not be willingly turned over to you. In these cases, the attorney will work to help you either open a probate to become the personal administrator for the individual or subpoena records for legal purposes.
How will a settlement amount be figured if you do win a wrongful death case?
Because a wrongful death case is a lot different than most legal proceedings, the way in which settlement amounts are determined is also different. Of course, you may sue for pain and suffering because you have lost someone important in your life, but the main monetary amount will likely come in a different form- mainly from loss of monetary income. For example, the wrongful death attorney may look at how much money a person could have brought in over the course of what would have been their lifetime and seek a figure that is close to that amount. Additionally, you may be reimbursed for medical bills that you loved one had because of the incident that led to their death.
Even though a wrongful death case can get fairly complex and trying, working with the best attorney will help you overcome many obstacles that may get in the way. To get all of the information you need and your questions answered, talk to a wrongful death attorney (such as one found through http://www.hinklelawoffices.com) who can help.Share