If you have lost a loved one in an accident that was not their fault, you may be wondering what your next steps are. A lawyer can help you get the maximum settlement in a wrongful death case. They will work with you to build a case and negotiate with the insurance company.

Investigate the Accident

The first thing your lawyer will do is investigate the accident. They will look at the police report, talk to witnesses, and gather evidence. Once they have a clear picture of what happened, they will start working on your behalf. The evidence is vital because it will help prove that the other party was at fault.

Also, evidence will help prove the value of your claim. For example, if your loved one died in a car accident, evidence would be needed to show how much money they would have earned over their lifetime. This is called lost earnings.

Calculate Your Damages

Once your Melbourne wrongful death lawyer has gathered all of the evidence, they will start to calculate your damages. This includes:

• Medical bills
• Funeral expenses
• Lost earnings
• Pain and suffering

Your attorney will add up all of these damages to get the total amount you are owed. Then, they will send a demand letter to the insurance company. The letter will state the total amount of damages and what you expect to receive. The insurance company will then have a certain amount of time to respond.

File a Lawsuit

If the insurance company denies your claim or offers you a low settlement, your lawyer will file a lawsuit on your behalf. A lawsuit will take longer to settle than an insurance claim. However, it may be the only way to get the full amount of money you deserve.

It is critical to have a lawyer by your side who knows how to navigate the legal system and get you the maximum settlement possible.

When filing, your lawyer will request specific documents from the other party. These documents will help prove their negligence. For example, if your loved one died in a car accident, the other driver’s record will be requested.

Your lawyer will also take depositions. This is where they question the other party under oath. The procedure is essential because it can help reveal information that otherwise would not be known.

Negotiate With the Insurance Company

Once your lawyer has filed a lawsuit, they will start negotiating with the insurance company. This is usually done through something called mediation. Mediation is a process where both sides meet with a mediator to reach an agreement. If an agreement is reached, the case will be settled out of court. If not, the case will go to trial.

A lawyer has more success negotiating with the insurance company when they have evidence to back up their claims. This is why it is critical to have a lawyer who knows how to investigate an accident and collect evidence. They will be able to build a strong case for you and get you the maximum settlement possible.

Go to Trial

If your case does go to trial, your lawyer will be there to represent you. They will present the evidence and argue on your behalf. During the trial, the jury will hear all the evidence and decide who is liable for the accident. If they find that the other party is at fault, they will award you damages.

They will also cross-examine the other side’s witnesses. The goal is to get the jury to see that you are entitled to the maximum damages. The jury will then make a decision and award you the damages.

Final Thoughts

A lawyer can help you get the maximum settlement in a wrongful death case. If you have lost a loved one, contact a lawyer today to discuss your case. They will help you get the maximum settlement, allowing you to take some time off to grieve your loss.

About the author: Irma C. Dengler

With a BA in communications and paralegal experience, Irma decided to make the best of her writing skills. She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.