Cherry Hill Wrongful Death Case Process
A wrongful death case starts as soon as the person dies as a result of the negligence of someone else. A wrongful death is a tumultuous time in a person’s life, however, a person should also keep in mind the legal matters that must be attended to. Such legal matters involve compensation for damages. A person should get in contact with a well-versed and dedicated attorney as soon as possible. The sooner a lawyer is able to get started on a Cherry Hill wrongful death case process, the better the chances be able to gather sufficient evidence to help you get compensation.
Beginning the Process
An attorney may begin by gathering evidence and preserving evidence. That can consist of photographs, reports, videos, the death certificate, any autopsies that were done, and if they need to, getting experts involved with regard to liability, and damages, and things like that.
The next step would be filing a lawsuit. There is a statute of limitations where an individual generally has two years to file a lawsuit and in some instances, they want to use, before they file a lawsuit, be able to get all the evidence that they feel is going to be necessary, and then they would file a lawsuit in the appropriate county, the superior court of the appropriate county, to then begin the litigation aspect of the case.
One of the main things is that they do not have the deceased person who can help. Un personal injury actions, there is an injured person who can guide the attorney, but in this instance, they do not have that ability. They have to recreate what occurred by talking to witnesses, and looking at evidence, and things of that nature.
Unfortunately, that is unpredictable because some cases take as quick as six months, but some can take as long as four years. It depends on whether or not the defendant and the insurance company want to do what is best. If they do not make a fair offer to the family, the attorney’s only recourse is going to be to file a lawsuit and keep pushing in litigation.
If they never make a fair offer, then they have to go all the way to a trial, and that can consist of a couple of years of litigation depending on how much is necessary to be done and when the insurance company does what is best.
Factors Impacting Cases
The cause of death can affect the way the case looks in terms of how long it is going to take because it depends on whether or not it was a car accident, and if liability was easy to prove. The cause of death is going to be important because it helps an attorney determine the liability picture of proving who in fact was at fault for the death of the person.
A wrongful death case is completed once the case resolves and a court approves of the disbursements and all of the damages and money that was received is disbursed to the appropriate family members, and that will usually be done by a judge who will make sure that everyone is being treated fairly and taken care of properly.