Dealing with the untimely death of a loved one is always an incredibly difficult process, and that process is likely to be more challenging when you're forced to endure it due to the mistakes of others. If you're pursuing a wrongful death claim, it's important to take every step possible to make sure you're moving forward in the process productively.
Given that so few people are forced to go through the wrongful death process more than once, it's understandable if your lack of comfort causes you confusion. For some people, the process can be so daunting that it can be a challenge to even know where to start.
Below, you'll find a guide to some questions you should be sure to ask your attorney during your wrongful death claim. Having the answers to these questions can give you confidence in the process and can help guarantee that you find hope and silver linings in incredibly difficult situations.
The fact finding process in a wrongful death case can be incredibly complex, especially since the person at the core of the case is deceased. This can limit a lot of information surrounding the circumstances of an incident or events that may have led up to the death, leaving you and your attorney struggling to piece together incomplete information in order to form a cohesive narrative.
Turning to a professional investigator can be a great way to alleviate that burden by focusing in on the most relevant and telling facts. Outside experts can also help dissect complicated medical histories and pin down the precise cause of death in a way that a public pathologist may not be able to. These investigations can be incredibly valuable tools in your arsenal, so it's worth asking your attorney if he or she thinks an investigator can benefit you.
The assets of a deceased person can potentially become an issue in a wrongful death case. The value of the estate that's left behind may be taken into consideration when damages are being determined since it can be an indicator of future earnings potential. It's essential, then, that those assets are maximized and that they aren't drained for some short term gain at the expense of long term stability.
Ask your lawyer about freezing the estate of the deceased until the wrongful death action is settled. Though it may seem counterintuitive to limit your short term financial options as a beneficiary of the estate, the long term gain will certainly be worth it. Being willing to make that sacrifice can also be a valuable demonstration to the court that your intentions are pure and you're not simply looking to take advantage of a tragic situation.
Losing someone you love can make the days feel like they're stretching on far too long. When you combine that feeling with the frustration of navigating the legal system, it's easy for your anxiety to grow over the wrongful death process. It's correspondingly important to do everything you can to keep it in check.
No two cases are identical, but an experienced attorney should be able to provide you with a rough idea of the timeframe you're facing. Keeping that in mind as a potential end goal can give you strength and focus and can help provide some serenity through the process.
Jesse L. Alexander III has the compassion and wisdom necessary help you handle
your wrongful death case. Relying on that combination of skills and experience can help get you through an incredibly difficult period and guarantee that you're able to move forward with the strength and success you desire.