When someone dies because of someone else’s intentional or negligent act, a wrongful death claim and lawsuit often follows. The personal injury attorneys at Choate Law Firm LLC in Juneau, AK, want you to know what you need to begin a wrongful death case. The firm has represented individuals in personal injury and wrongful death cases in Alaska and throughout the United States.
To assert a claim on behalf of the deceased person’s estate, you must have legal authority. You will need to be appointed administrator or executor of the estate, a proceeding that takes place in probate court. The court issues letters of administration if there was no will, or letters testamentary if there was a will. These documents give the authority you need.
The cause of death determines what else you will need to assert the claim. For example, in medical malpractice death cases, you must establish that the medical professional did not meet the standard of care for the patient under the circumstances. You will need doctor and medical records showing the treatment or lack thereof. Expert witnesses must prove the standard of care and that the care provider failed to meet the standard — specifically, how they failed and that the failure was the cause of death.
Every wrongful death case requires proof of damages in dollars and cents. Damages include medical expenses, lost wages, pain and suffering, and how much the person’s life was worth. They also include the value of the losses each person who is making a claim has suffered, is suffering, and will suffer.
Finding the right attorney is key to asserting any wrongful death claim successfully. The attorneys at Choate Law Firm LLC are compassionate advocates experienced in pursuing wrongful death cases from initial investigation to trial and appeal, if necessary. They understand the extent of the loss and strive to achieve full compensation for each client.
If you have lost a loved one due to a car accident, medical malpractice, or other wrongful death, seek counsel from a personal injury lawyer at Choate Law Firm LLC, in Juneau, AK. Call (907) 586-4490 to schedule your consultation. To learn more, visit the firm’s website. You can also find them on Facebook.