What Should I Look For In My Wrongful Death Lawyer?
Anytime you must be involved in a lawsuit, it is a challenging and stressful situation. However, it is even more so when that lawsuit is to recover compensation in a wrongful death lawsuit for loved one. If someone has negligently caused the death of a family member, you cannot ignore it. If you believe you have grounds for a wrongful death lawsuit, your first step is to consult with a wrongful death lawyer. A wrongful death lawsuit is a serious and possibly expensive endeavor, so you must be careful in choosing a wrongful death lawyer to pursue your wrongful death claim. But how?
Qualifications for a Wrongful Death Lawyer
Because wrongful death lawsuits are so complex, it is important to choose a wrongful death lawyer with a wide variety of experience and skills, as well as one you feel comfortable with discussing the legal requirements for your wrongful death claim. Some of the key qualifications to look for in a lawyer include:
- A skilled negotiator, since many wrongful death lawsuits are settled out of court through negotiation by the wrongful lawyer
- An experienced litigator, in case your wrongful death claim must go to trial and your wrongful death lawyer must argue your wrongful death claim in court
- An experienced lawyer who understands the complexities of wrongful death lawsuits and has successfully resolved many wrongful death claims
- A good communicator who will listen and respond well to you when you have questions or need their updates about your wrongful death claim
- A proven track record that you can access to learn how this wrongful death lawyer has handled wrongful death lawsuits in the past
- A thorough investigator who can discover the facts of your wrongful death lawsuit and build a strong evidential case to resolve your wrongful death claim
- A high degree of availability so that you are kept abreast of developments in your wrongful death lawsuit and can participate effectively when necessary
In addition, you should understand how the firm or lawyer you hire charges and be confident those charges will not change over the course of your lawsuit. Many wrongful death lawyers do not charge for an initial consultation and take wrongful death claims on a contingency basis. The contingency rate is often between 30-40% of the total settlement. You will also want to discuss how the lawyer plans to handle your lawsuit. If you are not comfortable with the methods they use in lawsuits that they handle, you may want to choose another law firm to handle your claim. It is important you feel confident and comfortable in the choice you make before you proceed with your claim.
There is no perfect lawyer for your wrongful death claim, but you should find one that meets most of those qualifications, since your case may take months or even years.
Filing Your Wrongful Death Claim
Once you have selected your wrongful death lawyer, together you must calculate the amount of the wrongful death claim included in your wrongful death lawsuit. That depends on your wrongful death lawyer determining the level of financial and emotional losses you and your family suffered, as well as some details about the decedent in your wrongful death claim, such as their age, earning capacity, life expectancy, health, character, and the degree to which their dependents relied upon them. An experienced wrongful death lawyer will know how to calculate those factors for your wrongful death claim and how courts in your jurisdiction normally decide wrongful death lawsuits like yours.
Once the details of the wrongful death claim are established, your wrongful death lawyer will take your wrongful death lawsuit to court. Before the actual trial begins, however, the two parties will attempt to negotiate a settlement for the wrongful death claim out of court. This is where the negotiating skills of your wrongful death lawyer become important. A skilled negotiator can often save time and money by reaching a settlement on your wrongful death claim that still meets your goals for your wrongful death lawsuit.
If your lawyer cannot negotiate a settlement, they must use their litigation skills to win your lawsuit in court. Not only will your lawyer need to present the available evidence to prove your claim, they will often call expert witnesses to testify to reinforce your wrongful death lawsuit. At that point, it is up to the court to decide your wrongful death claim.