Thorndale Wrongful Death Lawyer

Losing a loved one is an incredibly painful experience, especially when the death is the result of someone else’s negligence or wrongful actions. At Kingbird Legal in Thorndale, we understand the emotional and financial strain that comes with a wrongful death, and we are here to help you seek justice. Our experienced wrongful death lawyers are dedicated to holding responsible parties accountable and securing the compensation your family deserves. Contact us today for a free consultation at 484-289-4880, and let us guide you through this difficult time with compassion and expertise.

What to Expect When Pursuing a Wrongful Death Claim in Thorndale

Losing a loved one is always difficult, but when the death is caused by someone else’s negligence, the grief can feel even more overwhelming. In these cases, a wrongful death claim may help bring some financial relief and hold the responsible party accountable. If you’re considering a wrongful death claim in Thorndale, it’s important to know what to expect throughout the process. Here’s a breakdown of what you might encounter along the way.

Initial Consultation with an Attorney

The first step in pursuing a wrongful death claim is meeting with an experienced attorney. During this initial consultation, the lawyer will listen to the details of your case and assess whether there’s a valid claim. You’ll discuss the circumstances surrounding the death, as well as any potential evidence that supports your case. This is also the time to ask questions about the legal process and what kind of compensation you may be entitled to.

Many attorneys offer free consultations, so this is an opportunity to gauge their experience and approach before deciding whether to move forward with them.

Investigating the Claim

Once you decide to pursue the claim, your attorney will begin the process of gathering evidence. This often includes reviewing medical records, police reports, and any other documentation related to the death. They may also interview witnesses and consult with experts to strengthen your case. If the death occurred in a car accident, for example, an accident reconstruction expert might be called in to analyze the scene.

This investigation is essential to prove negligence and establish liability. Depending on the complexity of the case, this phase can take time, but it’s critical to building a strong claim.

Filing the Wrongful Death Lawsuit

If there is enough evidence to support your case, your attorney will file the wrongful death lawsuit. This legal document outlines the details of the case, including the cause of death and the parties responsible. It also lists the damages being sought, such as medical expenses, funeral costs, lost income, and pain and suffering.

The defendant (the person or entity being sued) will then have an opportunity to respond to the lawsuit. In many cases, this is where the negotiations for settlement begin. However, if a fair settlement is not reached, the case will move forward to trial.

Settlement Negotiations

In wrongful death cases, insurance companies or the defendant may offer a settlement to resolve the case without going to trial. Insurance companies often extend offers in an attempt to avoid the time and cost of a court battle. Your attorney will carefully review any offers and advise you on whether they adequately cover the damages incurred due to the loss of your loved one.

It’s important to note that settling too early could result in accepting less than what your case is truly worth. Your attorney will fight to ensure that the settlement reflects the full scope of your damages, including both economic and emotional losses.

Trial Process

If a fair settlement cannot be reached, your case may go to trial. During the trial, both sides will present their arguments and evidence to a judge or jury. This includes calling witnesses, presenting expert testimony, and cross-examining the opposing side’s evidence. The burden of proof lies with the plaintiff (you), so it’s crucial to have strong evidence to show that the defendant’s actions directly caused the death.

The trial process can be lengthy, depending on the complexity of the case. While the outcome is uncertain, your attorney will guide you through each stage, ensuring that your interests are protected.

Post-Trial and Appeal

Once a verdict is reached, either party may choose to appeal the decision if they feel that there was a mistake in the ruling. However, if the trial results in a favorable outcome, the next step is to collect the awarded damages. This can involve further legal action if the defendant refuses to pay.

A wrongful death claim can be a long and emotionally taxing process, but it can also provide a sense of justice and financial compensation for the losses you’ve endured. Understanding what to expect during the process can help alleviate some of the stress. If you’re considering a wrongful death claim in Thorndale, consulting with an experienced personal injury attorney will ensure that you have the support and guidance needed to navigate this difficult journey.

How Insurance Companies Try to Reduce Payouts

When a loved one dies due to the negligence of another party, the surviving family members often pursue a wrongful death claim. The emotional toll is immense, but the financial impact can be overwhelming as well. Unfortunately, insurance companies are often more concerned with protecting their profits than providing fair compensation for the loss. If you’re pursuing a wrongful death claim in Thorndale, it’s important to understand the tactics insurance companies use to minimize payouts. Being aware of these strategies can help you better navigate the claims process and secure the compensation you deserve.

Offering Low Initial Settlements

One of the first tactics insurance companies use is offering a low initial settlement. In the aftermath of a loved one’s death, the family is grieving and may be in a vulnerable financial position. The insurance company may make a quick offer, hoping that the family will accept it without fully understanding the extent of the damages. These initial offers are often much lower than what is actually needed to cover funeral expenses, lost income, and emotional pain and suffering.

It’s crucial to resist the temptation to settle early, as the true value of the claim often becomes clearer only after a more thorough investigation and assessment of the damages.

Denying or Delaying the Claim

Insurance companies may also deny or delay a wrongful death claim in an attempt to wear down the claimant. By dragging their feet or denying liability, they hope to frustrate the family and reduce the chances of a successful payout. In some cases, they may claim that there is not enough evidence to prove negligence or fault. This tactic is meant to stall the process, hoping that the grieving family will eventually give up or settle for less.

It’s important to have a personal injury lawyer on your side to ensure that your claim is properly filed and that any delays or denials are addressed promptly.

Blaming the Deceased or the Family

Another strategy insurance companies use is attempting to place some of the blame on the deceased or the surviving family members. For example, they may claim that the deceased contributed to the accident or death through their own negligence. If successful, this can reduce the payout by assigning partial liability to the deceased. This is known as contributory or comparative negligence.

Insurance companies may also argue that the family members are not entitled to as much compensation as they claim. They may attempt to downplay the emotional and financial impact of the death on the surviving family members, even though the loss of a loved one can have profound effects on those left behind.

Questioning the Value of Emotional Loss

Insurance companies may also attempt to minimize the value of emotional damages, such as loss of companionship, pain, and suffering. They may argue that these damages are subjective or difficult to quantify. However, these damages are often a key part of a wrongful death claim, as the emotional toll of losing a loved one can be significant and long-lasting. A skilled wrongful death attorney will fight to ensure that these non-economic damages are properly valued and included in your claim.

Using Complex Legal Jargon and Tactics

Insurance adjusters are trained to use complex legal language and negotiating tactics that may confuse individuals without legal experience. They may ask leading questions or request unnecessary information that could work against the claimant. Their goal is often to get you to admit something that could reduce the value of your claim or help their case.

Having an attorney on your side can ensure that you don’t fall into these traps. A lawyer will understand the ins and outs of the legal process and help you navigate through the complexity of the insurance claims.

Insurance companies will often use a variety of tactics to reduce or deny payouts in wrongful death cases. They may offer low settlements, deny or delay claims, shift blame, question emotional damages, or use confusing legal tactics. By working with an experienced wrongful death attorney in Thorndale, you can level the playing field and ensure that you get the fair compensation you deserve for your loss. If you’ve lost a loved one due to someone else’s negligence, consult with a personal injury lawyer to protect your rights and fight for justice.

Speak to a Compassionate Wrongful Death Attorney in Thorndale

The loss of a loved one due to wrongful actions is a tragedy no one should face alone. At Kingbird Legal in Thorndale, our wrongful death attorneys are dedicated to helping you seek the justice and compensation you deserve during this incredibly difficult time. We are committed to holding responsible parties accountable and providing the support your family needs. Contact us today at 484-289-4880 for a free consultation and let us help guide you through this challenging journey.