If you think you may need to file a wrongful death lawsuit, it is important to consult with a wrongful death lawyer, also called a personal injury lawyer. A wrongful death lawsuit can be filed by a representative of a deceased individual’s estate, and may include:
Wrongful death claims often arise when an accident occurs, such as a car accident or a theme park accident. These claims are also commonly filed in cases of medical malpractice or medical mistake, such as the wrongful death of an unborn child.
An individual’s personal injury lawyer can help them in many ways, including:
Wrongful death cases are commonly handled on a contingency fee basis. A contingency fee means that the client does not make up front payments and the lawyer only gets paid if they win the case.
The contingency fee amount can be anywhere from 33% to 40% of the amount the client receives. There may also be sliding scale contingency fees.
This means that the percentage of the amount the client gets may differ depending on how the case is resolved. For example, if the case is settled prior to a trial, the lawyer may only charge 33%.
If the case goes to trial, the lawyer may charge a 40% fee. This is because the trial will require more work and resources.
This fee arrangement can be helpful, especially if the deceased’s representative is responsible for other debts. In addition, this arrangement provides a strong incentive for the attorney to work hard, as they will only get paid if the case is successful.
In certain situations, a lawyer may charge an hourly fee instead. This may be done in cases where the liable party wants to settle quickly or if the case is not expected to result in a large award or settlement.
When a lawyer uses an hourly fee arrangement, they may charge anywhere between $150 to $500 or more per hour.
When an individual is looking for the right wrongful death lawyer for their needs, there are some important things to keep in mind, such as:
It is important to find an attorney who has experience handling similar types of wrongful death cases. This will help ensure that the lawyer understands any nuances in the law, potential defenses, and strategies to use in court.
A legal case can be lengthy and legal fees can mount up. A lawyer should be transparent regarding their fee structure from the start.
The law has language and requirements that may seem foreign to those outside of the legal world. An attorney should be able to break down the terms and issues into things their client can understand.
An attorney should also make themselves available for questions and updates on the case.
Lawyers are bound by a code of ethics called professional responsibility. This means that the lawyer is responsible for representing the client’s best interests, maintaining their client’s confidentiality, and competently managing the client’s case.
An individual should take the time to prepare for a consultation with a wrongful death lawyer. This includes gathering any documents or evidence that may be relevant and show damages or injuries, such as:
It is also important for an individual to take the time to make a list of any questions or concerns they have about their case so they can be discussed with their lawyer.
A wrongful death situation can be very stressful and emotionally challenging. It is important to have a personal injury lawyer in your area who can help.
Your lawyer will help gather evidence, build your case, and represent you during any proceedings. Since this can be such an emotional time, it is important to have legal representation, especially during negotiations, to ensure that you are making the best possible decision for your case.
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