When a beloved family member passes away due to someone else’s negligence, it often triggers a whirlwind of emotions and legal proceedings. To seek compensation, the grieving family may have to initiate a civil law case and navigate through the probate process. During such challenging times, it is wise to explore any means of easing the burdensome process. The simplest approach is to engage a single law firm that specializes in both probate and wrongful death cases. By doing so, you will have a dedicated legal team supporting you, well-versed in securing the best possible settlement and safeguarding it from creditors, insurance companies, and other involved parties. Moreover, opting for a single firm ensures a unified objective, eliminating the potential for miscommunication, delays, and other complications. Why bother with two separate firms when you can have a single point of contact?
The wrongful death case consists of four distinct stages.
- Commencement Actions: In this stage, a personal representative is appointed through the probate process. This representative will act as the client in the wrongful death case. Additionally, initial documents related to the wrongful death, such as letters of representation, are sent out to providers and insurance companies.
- Notice and Research: Immediately, a notice to creditors is dispatched to limit the time frame within which creditors can submit claims. This reduces the window from two years to just four months. Simultaneously, we begin formulating effective strategies to pursue a higher settlement. 3. Negotiation: After careful consideration, we send a settlement demand to the party(s) at fault. This demand outlines the situation, the initial amount requested, and the reasoning behind that specific amount. The at-fault party(s) will then respond, and both sides will engage in negotiations to reach an agreement. If an agreement cannot be reached or if circumstances require it, we will proceed with filing a lawsuit.
- Settlement, Inventory, and Distribution: Once an agreement has been reached, the final settlement amount will be transferred to the estate of the deceased. The personal representative will then conduct an inventory of all the assets belonging to the deceased, including the settlement amount. Subsequently, the assets will be distributed to the heirs of the victim. If you have lost a loved one due to someone else’s negligence, we recommend taking the first step by contacting us and scheduling a complimentary meeting with one of our attorneys. Our team of wrongful death attorneys will assist you in determining if you have a viable case and guide you through the entire process with compassion, empathy, and thoroughness.