Wrongful Death Law Firm

Wrongful death describes the area of civil law that reimburses the estate of those that have died due to negligence. Wrongful death law firms are injury law firms that are experienced in filing litigation on such matters and will be able to advise you on how to do the same. Although you cannot bring your loved ones back through litigation, the damages won will help will all expenses, from burial to caring for next of kin and paying bills accumulated from the deceased.

What is wrongful death?

Wrongful death litigation describes the filing of a lawsuit to win compensation for fatal injury sustained by an individual. In a wrongful death legal matter, the plaintiff must prove than an injury was sustained. The second element is to show that the injury sustained was due to actions or negligence by the other party. The injury must be the cause of death. Fulfilling all three conditions will allow a wrongful death claim to proceed. Contact a wrongful death lawyer for legal advice and assistance.

What should I do before meeting the wrongful death law firm?

For wrongful death litigation, proving the existence of an injury and that the other party has liability are the two most important factors. The wrongful death law firm helps you assess these factors by examining any documentation you may have related to the accident. You must bring medical reports, police and insurance documents and testimony if available. Using this information the wrongful death law firm will help you determine if a wrongful death claim can be made.

The second phase will be determining the extent of damages that you intend to sue the other party. The wrongful death law firm will help you determine this by assessing medical bills, damages to property and evidence of income. The wrongful death law firm then determines the extent of compensatory damages, which will be the backbone of the wrongful death claim.

What damages are won by the wrongful death law firm?

The wrongful death law firm can help you win damages for the wrongful death of a loved one. States will impose limits on these fees, either barring or capping their collection.

Compensatory damages are present in every claim and represent the direct economic loss to the plaintiff. This includes lost wages, medical bills incurred, repairs to property and other damages. These are not typically capped, although statutes may limit the legal liability of certain parties, under strict conditions.

Non-economic damages are harder to assess and represent the pain from losing a relative or companion. These are the damages collected for “pain and suffering.” A number of states have placed caps of the collection of damages. Non-economic damages tend to be difficult to assess.

Punitive damages are damages awarded to clients that have proven the defendant displayed a wanton disregard for the safety and wellbeing of the deceased. The court will usually add these to the jury award to punish the defendant. Gross negligence will be punished with punitive damages. Some states have limited punitive damages or eliminated them in full.

How can a wrongful death law firm help my case?

Every state has different laws that affect personal injury and wrongful death litigation. The wrongful death law firm will help you understand these laws and file your case before the statute of limitations expired. By virtue of experience with personal injury claims and wrongful death litigation, their experience in proving liability might be the defining factor in winning at settlement or at trial.

Should I take a settlement?

That is up to you. You and the wrongful death law firm will have come to a conclusion of an acceptable offer. When the defendant makes an offer, consult with the wrongful death law firm for your options. If you find the offer satisfactory you may even the legal matter there. If not, feel free to pursue litigation. As the wrongful death law firm is working on contingency, you should not hesitate to pursue litigation if it is in your interests.

Where to look for an attorney

The Find Attorneys, located at the top of every page on this website is essential to finding a wrongful death law firm that will take you case.

State and local bar associations will offer referrals to wrongful death law firms. Determine the fees you pay for using the referral service, if any. Most services will waive fees for personal injury and wrongful death matters. Always asses the terms and conditions of the service and never choose a service that obligates you to use the wrongful death law firm referral.

Look for a wrongful death law firm that is objective and evaluates your claims critically. Doing so will help you strengthen your case and anticipate potential roadblocks that might affect your case.

Relevant fees and arrangements

The no-fee, no-win arrangement is better known as the contingency arrangement. Having the wrongful death law firm work on contingency entails little to no upfront cost to the client. Some states will impose percentage limits on contingency fees, usually as high as 45% to ensure that the client is the one that benefits the most from the jury award. The contingency fee may be lower if you settle out of court, but that is an arrangement you must negotiate with the wrongful death law firm.

There will be court costs and the court costs may have to be paid by the client regardless of if the case is won. This represents the cost to file the wrongful death case in the civil court. The wrongful death law firm does not cover this cost, unless otherwise noted.

You should always get all legal fees and the billing arrangement in writing before accepting legal services. In this way, you will be able to prevent overbilling and have evidence in case you need to enter fee dispute resolution with the other party.

Free legal services may also be available, though this is limited for wrongful death litigation. Since the wrongful death law firm will work on contingency, there is typically no reason to see a pro bono lawyer.