What Questions Should I Ask a Wrongful Death Lawyer?

The process of filing a wrongful death claim is usually complex and time-consuming. The first step is to determine whether you have a valid claim. If you do, the next step is to file a lawsuit against the person or entity responsible for the death. The final step is to prove your case at trial.

Before the first step can be completed, a full investigation must typically be done. You may have strong feelings about what could have happened, but juries need proof. Evidence that backs your claim needs to be compiled. Supporting documents, like the official police report, must be reviewed carefully and organized. Facts need double-checking. Witnesses must be interviewed. Photos, recordings, and video footage can add fuel to this fire.

All of this evidence is gathered to show one of two things:

1. Your loved one’s death was caused by another’s negligence or recklessness.
2. Abuse or ill intent of another caused the death of your loved one.

Once your attorney has determined you have a viable claim, a lawsuit can be filed. Only certain people are allowed to file a wrongful death claim. If you have gotten this far in the process, your lawyer has probably already verified that you meet specific state criteria.

While the final step may be going to trial, not all cases end up in front of a jury. There are often settlement negotiations. This type of back and forth can go on for a while depending upon the case’s nature and complexity as well as the defendants. All this work could result in a successful settlement.

Mediation is another way to resolve a wrongful death claim. A neutral third party (many are retired lawyers or judges) acts as a go-between. The mediator listens to both the defendant’s and plaintiff’s arguments. This person can make suggestions that hopefully bring the two sides closer to a resolution. If parties cannot agree to settlement amounts, then a trial is likely.

Arbitration is another option. Both parties agree to let the arbiter rule. This person listens to the case from both sides. After reviewing all related information, the arbiter rules in favor of either the plaintiff or defendant. If arbitration is non-binding, the case can still continue on to court.

In the United States, a wrongful death lawsuit may be filed by the surviving spouse, children, or parents of the deceased person. In some cases, the executor or administrator of the deceased person’s estate may also file a wrongful death lawsuit.

When these types of cases are brought to trial, many questions are asked. Answers given can determine which way the case goes. Let’s look at some popular questions that arise.

• How did the death occur? Things should add up correctly. If a plaintiff argues her father died of nursing home abuse but he had no detectable signs to indicate mistreatment, the case loses steam. The cause of a wrongful death should align with what the defendant is accused of doing.
• Who is responsible for the death? Liability is in question. Who is ultimately liable for the death of your loved one? Sometimes there’s just one person or party at fault. More often than not, several defendants are named because they all share partial responsibility.
• What are the legal consequences for the responsible party? Jury members want to know how those to blame will be held accountable. Will guilty people pay wrongful death damages and/or punitive damages? Are criminal charges pending? Getting justice for victims as well as avoiding a similar occurrence in the future are two goals.
• What are the financial consequences for the family of the deceased? Financial problems after the unexpected loss of a loved one can cause a domino effect. There could be medical bills caused by the accident. Then funeral expenses must be paid. Was the relative contributing to household income? If so, how much? Are there lost benefits too? How badly hit was the deceased’s family? What will it take to make them financially whole?
• What are the emotional consequences for the family of the deceased? How has this wrongful death taken a toll on those closest to the victim? Even the strongest family units can sometimes fold when faced with such adversity. What amount of compensation can patch this family back together? Sympathies can run especially high for parents who have lost a child. Expect many of these wrongful death suits to be substantial.

If an insurance company approaches you for a wrongful death settlement, the best thing to do is to consult with an experienced attorney who can help you determine whether the offer is fair and what your options are. You should never accept any settlement without first consulting with an attorney.

Some insurance companies of liable parties will come at you right out of the gate. The consensus is that the sooner they can get you to accept an offer, the quicker they can wrap this up for their client. You won’t be missing out on anything. Lowball offers are dangled to see if you’ll bite.

Insurance adjusters have a job to do and many aim to do it well. Beware! The first conversation or two may start out friendly. The intention is to put you at ease, make you feel comfortable, and get you talking. Questions may be asked about the specific incident and how you know their client is liable.

The longer you talk, the more information can be gained about the case. And this info can go directly to clients and those protecting them. Most of these sneaky callers are recording the entire conversation so they can use it to their advantage later.

These associates may call you at inconvenient times. Repeated calls throughout the day (and even at night) can become common. Different numbers may be seen through your caller ID in hopes you answer.

Steer clear of these folks. Don’t answer any calls unless you recognize the number with absolute certainty. Evade bugging to be able to get the maximum amount of compensation.

An insurance company really knows very little of your situation. An adjuster just has paperwork with your information on it. How could these people possibly know what a fair claim value for your case could be?

Having legal representation is the only way to protect yourself. The team at Murphy Law Firm knows how these tricksters operate. We can guide you through what to say if caught off guard. Use our years of experience to help you through this process.

There are many different types of damages that may be recovered in a wrongful death case. These can include economic damages, such as lost wages and medical expenses, as well as non-economic damages, such as pain and suffering and loss of companionship. In some cases, punitive damages may also be available.

Economic damages are the easiest to measure. If your loved one’s funeral expenses totaled $18,000, then that figure gets added to the running tally. Some of the associated costs may take longer to calculate, like the loss of income. You’ll need documentation to establish how much your relative was earning.

Non-economic damages are much harder to assess. Susan’s pain and suffering after the loss of an elderly aunt will be noticeably less than Sam’s pain and suffering after losing her 5-year-old daughter. The legal professionals at Murphy Law Firm can help you quantify these amounts.

Punitive damages can also be difficult to establish. Many factors are in play. How heinous was the act that caused the wrongful death? What shape are surviving family members in (both financially and emotionally) after this loss? What is the cap for punitive damage awards in this particular state?

When a person dies due to the negligence of another person or entity, the survivors may be able to file a wrongful death lawsuit. If the lawsuit is successful, the survivors may receive a monetary award to compensate them for their losses. Generally, these awards aren’t considered taxable events.

There are of course exceptions to the rule. Circumstances vary with each case. Keep in mind that the court is trying to compensate you for your loss. Damages awarded are not akin to hitting the jackpot.

Punitive damages may be awarded in some cases. These monies are specifically demanded to punish defendants. Examples could be when total lack of care or horrible abuse was found to have caused the wrongful death. Note that these awards are usually taxed because the IRS views this money as additional income.

In some cases, you may be able to receive compensation for pain and suffering in addition to any other damages you incurred. This type of compensation is known as “non-economic damages,” and is intended to cover the physical and emotional anguish that you experienced as a result of the accident. Whether or not you will be able to receive this type of compensation will depend on the specific facts of your case.

Pain and suffering in a wrongful death case is intended to compensate relatives dealing with such a heavy emotional burden. These damages are awarded to family members who were close to the victims. Don’t expect this award if you lost a relative you hadn’t heard from in 30 years.

There are many different types of accidents that can lead to wrongful death, but some are more common than others. Car accidents, for example, are a leading cause of wrongful death, followed by medical malpractice, workplace accidents, and defective products.

In each of these cases, someone else’s negligence or recklessness has led to the death of another, and the surviving family members may be able to file a wrongful death lawsuit to recover damages. And don’t forget, just because a wrongful death may happen regularly doesn’t mean it’s common for you. Each case involves individuals and deserves to be treated as such. We don’t see you as just a case, we view you as unique and understand your loved one was special too.

The cost of hiring a wrongful death attorney can vary depending on the lawyer and the case. Some lawyers may charge an hourly rate, while others may charge a flat fee. The cost may also be affected by the amount of work that needs to be done on the case.

When you work with Murphy Law Firm, you aren’t required to pay anything upfront. This affordable way of doing business is considered contingent. You can count on us doing our absolute best on your behalf. If we aren’t successful, you pay nothing, and we walk away empty-handed. But when we do negotiate a fair settlement, then you’ll pay an agreed-upon amount out of your award.