11 Things I Wish I'd Known About Wrongful Death Lawyers Before Hiring One

Fatal accidents and untimely deaths due to negligence or misconduct are tragic, deeply altering the lives of the bereaved. When such circumstances arise, a specific branch of law comes to the forefront: wrongful death law. As an individual who has navigated this complex terrain, I wish to share several insights I wish I had before embarking on this journey.

• The Concept of Wrongful Death: Wrongful death is a legal term that refers to a situation where someone's negligence or intentional actions lead to another person's death. It's a civil matter, not a criminal one, meaning it doesn't involve jail time or fines from the state - instead, it's about potential monetary compensation for the survivors.

• Tort Law: Wrongful death falls under tort law, a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations. The primary objective of tort law is to provide relief for the damages incurred and deter others from committing the same harms.

• Determining Wrongful Death: For a claim to qualify as a wrongful death, it needs to meet certain criteria. There must be a death of a human being caused by another's negligence or with intent to cause harm. The survival of family members who are suffering monetary injury as a result of this death is also necessary, and a personal representative for the decedent's estate must be appointed.

• The Role of the Wrongful Death Lawyer: The role of a wrongful death attorney is multifaceted. They gather evidence, consult experts, negotiate with insurance companies, and, if necessary, litigate in court. Their ultimate goal is to ensure that their clients are justly compensated for their loss.

• The Statute of Limitations: The statute of limitations is the time limit within which a wrongful death lawsuit must be filed. This period varies by state and situation. In some cases, the period begins from the moment of death, while in others, it starts when the cause of death is discovered.

• Comparative and Contributory Negligence: These are two legal principles that can potentially reduce or eliminate the compensation received in a wrongful death suit. Comparative negligence considers the percentage of fault of the decedent, while contributory negligence could completely bar recovery if the decedent is partially at fault. These principles vary state by state.

• Damage Calculation: Damages in a wrongful death case are often bifurcated into economic and non-economic damages. Economic damages are calculable costs such as medical expenses, funeral costs, and loss of income. Non-economic damages like pain and suffering are more abstract and harder to quantify.

• The Role of Experts: In a wrongful death case, experts play a crucial role. Economists might be called on to testify about the financial loss, medical professionals to confirm the cause of death, and psychologists to speak to the emotional trauma experienced by the survivors.

• Insurance Company Tactics: Insurance companies often have the mandate to minimize payouts. They may employ various tactics, such as offering quick settlements to close the case or disputing the facts and liability in the case. A good wrongful death lawyer will be able to effectively counter these tactics.

• The Long Haul: Wrongful death cases can take a long time to resolve, often years. The process involves discovery, negotiation, and potentially trial. Patience and resilience are crucial during this difficult time.

• The Importance of the Right Lawyer: Perhaps the most crucial factor is finding the right wrongful death lawyer. They should be experienced, empathetic, and have a proven track record. The relationship between a client and their lawyer can greatly influence the outcome of the case.

In the vein of a Hegelian dialectic, the process of a wrongful death lawsuit is a synthesis of knowledge, negotiation, and endurance. By sharing these insights, my aim is to prepare and equip those who unfortunately find themselves needing to traverse this path. Remember, knowledge is power, and in such cases, the right wrongful death lawyer is your most potent ally.