A wrongful death claim or lawsuit is often dictated by the insurance coverage policy limits of the defendants and the assets of the responsible party. However, experienced wrongful death attorneys will work hard to secure maximum recovery by fully investigating all relevant facts and circumstances surrounding the case. Wrongful death attorneys review accident reports, video footage, statements from witnesses, physical evidence such as skid marks, and all other relevant and available information to establish a valid wrongful death claim.
Wrongful death lawyers also evaluate and consider other factors that may impact a client’s wrongful death claim. The life expectancy of the person that was killed is established to help determine the damages involved in the wrongful death claim or lawsuit. The calculation of life expectancy involves the consideration of medical history, occupation, lifestyle, age, and many other factors.
Skilled counsel is necessary to adequately prove the financial support that was lost by the decedent’s survivors. This requires an accurate assessment of the victim’s occupation, realistic future earnings, and other relevant facts and circumstances. In wrongful death claims involving young children, the challenge of proving future earnings is complicated, so seeking prompt legal advice is advisable.
When compensation might be due to multiple individuals, the need for a probate estate might arise. If a probate becomes necessary, the wrongful death claim is brought in the name of the estate. For more information concerning wrongful death lawsuits and claims, contact a wrongful death attorney. Contact Needham Kepner and Fish at (408) 716-1668.