Unintentional deaths are more common in the United States than people realize, and the latest data shows they’re on the rise. In fact, studies have shown unintentional injuries like car accidents and poisonings are the leading causes of death.
Even so, experiencing this with a loved one is shocking and devastating. Hiring a lawyer can be even more confusing and overwhelming, especially if you’re unaware of how it can help you and your family recover from the loss.
Keep reading this guide to learn the main benefits of hiring an attorney for a wrongful death case.
Review Your Case for Free
It’s common for people not to understand how strong their cases are or how much compensation they could be entitled to. This is especially true in wrongful death cases since they can be complex.
The first major benefit wrongful death attorneys provide is a comprehensive case review. The best part is they’ll do this during a free consultation.
You’ll get a detailed overview of your case and what to expect if you move forward. An attorney will also advise you on steps to ensure a smooth case. This process involves the attorney ensuring you have a case that falls within the statute of limitations for the state.
You aren’t under any obligation to hire an attorney for your case. You can take this information and have a free consultation with another attorney and compare notes.
Overall, you’ll leave with a much better understanding of your case.
You can read more here about details on wrongful death claims to learn more about wrongful death lawyers and what they do.
Understands the Legal Process
A lawyer specializing in wrongful death cases has specialty experience in handling this area of the law.
A wrongful death lawsuit is a civil action typically brought by dependents and family members against a person who caused the death of their family member.
You can hire an attorney and bring a wrongful death case against someone that’s already facing criminal charges for the same thing. The person can be found not guilty in the criminal case but liable for the civil charge.
The laws for wrongful death are incredibly complicated and vary for each state. Due to this, they’re difficult for anyone without legal experience to understand.
Most states have rules that state which family members can legally file a wrongful death lawsuit. In some cases, it’s only the surviving spouse and children, but in other cases, it can be any family member.
They’ll also explain which family members are eligible for compensation and in what order.
A wrongful death attorney will explain these laws and ensure you understand how the case will go forward.
Assess the Value of Your Claim
An experienced wrongful death attorney can quickly assess the value of your claim.
They do this by looking at specific factors and how the death of your loved one has impacted your family by looking at factors like:
- Your loved one’s age at the time of death
- The state of their overall health
- Their income at the time of death
- Their education and training
- Their earning capacity
- Age of any dependents
Your attorney will also look at lost benefits like health insurance and pensions. Additionally, circumstances around the death, like medical malpractice, can increase the claim’s value.
Any medical expenses for your loved one’s care, funeral expenses, and pain and suffering also can increase the value.
Specific evidence, like expert witness testimonies, will help determine a fair amount. Also, the more objective evidence you have, the better your chance of increasing the settlement amount.
There are more factors that your attorney will discuss with you that go into determining the proper settlement amount.
Gather More Evidence
Remember, the settlement amount is based on the objective evidence of the case. A wrongful death attorney will work to gather as much evidence as possible.
The evidence they gather depends on the type of wrongful death cases you have.
Intentional
In this type of case, the death occurred due to an intentional act like assault, battery, or murder. Your attorney will need to gather evidence that proves the death was intentional.
This evidence can range from text messages, statements, and witness accounts to the weapons used.
Negligence
Many wrongful death cases stem from negligence. Negligence is when a person or group fails to act with the same level of care as a reasonable person.
Negligence occurs in many different situations:
- Construction accidents
- Car accidents
- Slips and falls
- Animal attacks like dog bites
- Defective products
With these cases, your attorney will need to gather evidence that proves negligence actually occurred. This evidence usually includes pictures, videos of the accident scene, and witness reports.
Slip and fall cases and car accidents require a thorough assessment of the scene at the time of the accident. Experts may need to re-enact the incident to better understand what happened.
For example, accident deconstructionists can strengthen the case and even lead to more compensation.
Medical Malpractice
Medical malpractice occurs when a doctor or medical professional doesn’t meet the professional standard of care. When not meeting this professional standard of care leads to death, you have a wrongful death claim.
Proving medical malpractice can be more challenging than a simple negligence case. To prove medical malpractice, you have to prove the medical professional acted with a level of care below the standards of a reasonable person.
Proving medical malpractice is where your attorney comes in. They’ll gather evidence like accident reports, medical records, and expert witness statements.
Medical expert witnesses are common in cases that involve medical malpractice. They’re experts at understanding standards of care and a physician’s duty to their patients.
They offer unbiased testimony and can make connections between injuries and violations of care standards.
These violations may also include the facility where your loved one received this care.
Provides Extra Support
A wrongful death attorney is often one of the biggest parts of your support system after such a tragic loss.
They can do this because they don’t have a personal connection to your case. This allows your attorney to think clearly and build the strongest case possible for you.
When an attorney handles these details, it takes the burden off you. You’ll then be able to focus on the healing process without worrying about any aspect of the case.
Talks with Insurance Companies
After you hire a lawyer, they’ll immediately try to negotiate with the insurance companies involved.
Insurance companies aren’t easy to deal with, especially if you don’t know the laws and your rights. Many insurance companies ask for recorded statements and can use what you say against you.
Insurance companies often conduct their own investigations and find witnesses to support their side of the story. This can make it even more challenging to navigate alone.
Lawyers are experts when it comes to insurance companies. They know how to talk to insurance agents about the case and attempt to negotiate a settlement out of court.
This eliminates the need for you to deal with any insurance company matters whatsoever.
Negotiates with Multiple Parties
Ideally, the best lawyer will make every attempt to negotiate a fair settlement and avoid trial.
However, these negotiations are often more complex than you may realize. This is because many responsible parties can be in a wrongful death case.
First, the insurance company isn’t the only party you have to negotiate with.
Multiple Drivers
Multiple parties could potentially be liable; your attorney must negotiate with them all.
For example, if multiple drivers were at fault for a multi-car accident because they were driving recklessly, each one holds a percentage of liability. Figuring out the compensation amounts depends on coverage at the time of the accident.
Your attorney will be able to negotiate with every driver involved in your case to get fair compensation.
Transportation Companies
Often transportation companies bear responsibility for wrongful death claims. These companies could be bus companies or trucking companies.
If a driver’s negligence leads to a person’s death, the entire company is liable in a wrongful death lawsuit.
Attorneys are experts at negotiating with transportation companies and understanding their complexities.
Auto Manufacturers
Auto manufacturers are liable if their vehicles contain defective parts that cause pedestrians, passengers, or drivers fatal injuries.
For example, if a faulty airbag explodes and kills a driver, the auto manufacturer will be the primary party held liable.
Your attorney will be able to discuss the case with the auto manufacturer and, often, reach a fair settlement.
Product Manufacturers
If someone dies from injuries due to using a product as it was intended, the product manufacturer is liable.
Your attorney will have evidence that the product was defective and dangerous and can use this to negotiate with the company.
Represents You During Mediation and Trial
Finally, the most significant benefit of legal services is you’ll get expert representation during trial.
Keep in mind that if you aren’t able to negotiate and reach a fair settlement, your case will go to trial.
A wrongful death case has a lengthy trial process with different stages. Your attorney will help you through each stage of the trial. The first part of a trial is the discovery phase.
Discovery Phase
The discovery phase involves more gathering of evidence for both parties. It also allows you and the defendant to review the evidence and ask questions.
Your attorney will work to prove that the defendant had a responsibility to provide a duty of care and did not live up to this responsibility.
You may have witness testimonies and other expert statements during the discovery phase.
In many cases, the discovery phase leads to either party filing motions. The defendant may try to file motions to dismiss the case based on evidence they find.
They may also agree they were negligent and will work out a settlement.
The discovery phase is essential to this process, and an experienced attorney will represent your interests.
Mediation
Remember, many wrongful death cases never reach an actual court trial because they’re settled by attorneys first.
Mediation is a process that involves a professional mediator to handle all arguments between parties. A professional mediator is an objective person that can help both sides reach a fair agreement.
A wrongful death attorney is vital to this process since they will fight for you during mediation.
With good representation, you should be able to settle the case here and avoid a lengthy trial.
Saves You Money and Time
A wrongful death lawsuit is a long process; it might be years before it’s entirely resolved.
If you try to handle it without legal help, you’ll likely spend too much time trying to understand everything and receive less compensation than you truly deserve.
A lawyer can manage your case quickly and efficiently. They also know how to figure out ways to get you more compensation.
Wrongful death lawyers also usually charge contingency fees instead of hourly and retainer fees. A retainer fee is a fee that secures the services of professionals like a lawyer.
Once you pay the retainer fee, you’ll have to pay the attorney by the hour for additional work that needs to be done.
With contingency fees, you don’t pay anything upfront. Instead, your attorney will take a percentage of the settlement as payment. This percentage varies for each lawyer since all cases are different.
The more complex your case is, the higher the fee will be. That’s because the attorney is making a commitment to building a solid case.
You’ll need to talk to discuss this fee in detail during the initial consultation.
The biggest benefit of a contingency fee is that you don’t have to pay any fees if you don’t receive a settlement.
Hiring a Lawyer for Your Wrongful Death Case
As you can see, the benefits of hiring a lawyer for your wrongful death case make finding an experienced attorney well worth the time and effort.
If you’re still unsure if you want to hire an attorney, booking a consultation is best. Remember, most wrongful death lawyers offer free consultations that allow you to review your claim.
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