The death of a loved one is difficult to deal with under any circumstances. When the death was sudden and due to factors loved ones believe did not have to occur, there may be grounds for filing a wrongful death suit. The only way to know for sure is to consult with an attorney who handles issues of wrongful death in Birmingham, AL. Here is what the attorney can do on behalf of the client.
Evaluating the Evidence
In order to help the client, it is necessary to take a good look at all documentation related to the death. That includes testimonies and statements by witnesses, any type of hard copy or electronic communications between the parties involved, and a number of other factors. The goal is to determine if the circumstances fit the definition of a wrongful death in Birmingham, AL. If so, the attorney can discuss possible courses of action with the client.
Filing the Suit
When there is sufficient evidence to indicate that filing a suit is likely to provide the outcome the client desires, the attorney will prepare all the necessary documents and forward them to the court. In short order, the individual or entity named as the defendant in the suit will be notified. Depending on the circumstances, there may be a hearing to determine if the case can go to trial. At other times, such a hearing will not be necessary.
Seeking a Settlement
There are times when the defendant will not want to go through the process and expense of a trial. While not necessarily admitting guilt, the defendant may be open to reaching some sort of settlement with the plaintiff. The legal counsel for the plaintiff can take the lead in negotiating the terms of the settlement. In the best case scenario, some sort of arrangement can be made, and it will be possible to withdraw the case.
For anyone who believes that the death of a loved one could have been avoided, talk with the team at Forstman & Cutchen today. If there are reasons to believe that the actions of another party directly contributed to the death, there may be grounds to file suit.