You can file a case of wrongful death through an attorney for wrongful death. But learn about important questions to ask when hiring one.
The death of a loved one can be heartbreaking. Even worse if it’s caused by another person.
You can file a wrongful death claim against anyone who caused the death of your loved one, and you’ll get compensated for your suffering and loss.
The compensation you get should help you take care of medical bills, funeral bills, and loss of financial benefits from the death of loved ones.
A wrongful death claim happens alongside a criminal case. But the main aim of filing a wrongful death claim is to hold the other person responsible for the loss of a loved one.
It’s usually tough to win such a case because you have to prove that the defendant’s actions were responsible for the death.
And when you have a chance to talk with an attorney for wrongful death, it’s important to ask the right questions.
This will help you know if you’re working with the best workplace injury attorney.
In this post, we’ll explore some important questions to ask your attorney about wrongful death claims.
Important Questions to Ask Your Attorney
Write down these important questions we are about to share and work them into your consultation.
Then, check if you’re satisfied with the answers you get.
If you have the time, consult with different attorneys before making your choice.
1. What is your history of handling cases of wrongful death?
Wrongful death cases are usually complicated. You’ll need experts to help prove your case.
They will also need experience working with insurance adjusters to ensure full compensation.
If your case has a large claim of a million dollars or more, you need an accident lawyer with experience in handling such high-stakes cases.
Also, wrongful death cases can be draining and emotionally distressing.
So, you need an attorney who’s skilled at handling the case with care, empathy, and passion.
Sometimes, the best attorneys you’ll find are those who have suffered some kind of loss themselves.
2. Who can file a wrongful death claim?
In most cases, it depends on the state you’re in.
But generally, the surviving family members have the first right to file a wrongful death lawsuit.
It could be a spouse, children, parents, or siblings.
If they fail to file any suit after three months, a personal representative files the case for them.
This representative is often the legal executor of the deceased’s estate.
3. Do I have a solid claim for a wrongful death claim?
At the start of the consultation, your attorney for wrongful death should be able to tell you if your case for a wrongful death claim is viable.
If the death of your loved ones was in some way under unprovable circumstances, you may not have a compensable case.
In most cases, the attorney will refuse to take up such cases because they may not be financially viable.
4. What if an insurance company offers a settlement?
After filing a wrongful death case, the insurance company representing the defendant may contact you with a settlement offer.
They will be nice about it and try to make you sign off your legal rights in exchange for some money.
Before you get carried away by their niceness to sign off on anything, get your attorney involved.
They’ll handle the negotiations properly and act upon their advice.
If not, you might not get the full compensation you ought to.
5. What are the major challenges facing my wrongful death claim?
Wrongful death cases are usually very unique in their circumstances, so they often present singular challenges.
The accident attorney near me you searched for should let you know immediately what burden of proof you have to provide.
It could be negligence, loss of financial benefits, or absence of other factors that lead to the death.
A good attorney will have to guide you on this one because it has a lot to do with documentation.
6. How much do I stand to recover in damages if we win?
This is a frequent question asked during consultation. But there’s no straightforward answer.
The damages recovered will have to do with lost wages, medical bills, funeral expenses, and loss of companionship or suffering.
The deceased’s estate will be called to tell what medical or funeral expenses were incurred by the deceased, as well as any loss of income or other financial benefits.
Usually, experts are also called in to determine the exact figures for the damages.
7. How long will it take for the case to be decided?
Many wrongful death cases take years before they are decided.
After reviewing your case, your attorney should be able to estimate how long it should take to have a decision or settlement on the case.
And that should be from 1 to 4 years.
One factor that can drastically lengthen the time to decide on the case is the state of the deceased’s estate.
Other factors that can extend the time of the case are the insurance companies involved, the admittance of liability, the number of claims, and even the location of the claim.
8. How much will you charge me, and what if we lose the case?
An attorney for wrongful death will mostly tell you that “you only pay when you win.”
That is the normal practice because the payment for cases of wrongful death is always based on a contingency fee.
This means that the legal fees will be paid from the settlement or award as won in court.
9. How will my case be decided?
Two ways a case is concluded: either by settlement or by trial.
Your lawyer will likely inform you that most cases end with a settlement.
This happens where your lawyer and the other person’s insurers agree on a figure outside court.
The probate court will have to approve any settlement reached before it becomes official.
Conclusion
Getting an attorney for wrongful death in a case where you lost a loved one due to someone else’s actions is helpful.
Losing a loved one isn’t easy to bear, and you need an accident lawyer who can help handle the case so you get the necessary and full compensation.
Get a reliable attorney by asking them these important questions we’ve shared.
With them, you’ll have the right support through the tough times.
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