Most people hope they never have to hire a wrongful death lawyer. But in reality, wrongful death cases do exist, and you may find yourself in a position where you need to hire an attorney with this specialty. If you do end up in this position, here are a few things you need to know before hiring a wrongful death lawyer.
They'll want to review the basics of your case first.
Wrongful death is complicated. What seems like an easily proven wrongful death case to you may not actually be as clear-cut to someone who is an expert in the field. Alternatively, you might be unsure that your case is strong, whereas a wrongful death attorney may tell you it's a clear win. Because there is so much to consider, most wrongful death lawyers will want to know the key details of what you experienced, who was involved, and how the death occurred before they agree to work with you. If one lawyer says you don't have a strong case, feel free to get a second opinion. But if multiple wrongful death attorneys tell you that your case is not strong, they're probably right.
Most cases are settled out of court.
In a wrongful death case, you would presumably sue the party whose negligence contributed to your loved one's death. You'd go to court, the judge would hear arguments from both sides, and then the judge would make a ruling. In actuality, though, most wrongful death cases end up being settled before they go to court. So, your lawyer's role will center around helping you determine whether the compensation you're being offered is enough, negotiating with the other party, and navigating the process of collecting the funds you are due. A few cases do make it to court, of course, but it's important not to count on this.
Not everyone is allowed to file a lawsuit.
There are certain people who are allowed, by law, to file a wrongful death case. For instance, you can file such a case if you are the parent of the deceased, or if you are their child. Siblings can often file cases. However, if you are not immediately related to the deceased, the lawyer may tell you that you cannot file a wrongful death case. They may then help you get into contact with other family members who legally can.
Proving a wrongful death can be difficult, but with the tips above, you can handle it. Contact a local wrongful death lawyer to learn more.
Share17 October 2022
Too many single people assume they don't need to plan their estate. My brother fell into this category, and his unexpected passing left our entire family struggling to deal with his home, belongings, and financial accounts. It took nearly three years for the courts to set up a deal because he left no paperwork detailing how he wanted his estate divided. The situation immediately convinced me to work on my own estate, even though I'm still in my early 30's and don't have children or a spouse to worry about. Since it's a little harder to pick beneficiaries and estate managers when you're single, I collected the resources I used for making my own decisions and decided to publish them here on my blog. Use these resources before talking to an estate planning attorney so you're prepared for making hard decisions.