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When Do You Need a Wrongful Death Lawyer?

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:

  • Immediate close family members of the deceased individual, such as their:
    • spouse
    • parents
    • children
  • Domestic partners, life partners, spouses, and other similar types of individuals
  • Siblings
  • Grandparents
  • Any other individual who has experienced financial loss caused by the individual’s wrongful death

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:

  • Ensuring that an individual has a viable personal injury claim
  • Discussing the options for legal recourse
  • Discussing the possibilities for remedies
  • Explaining the procedural requirements of the legal option the individual chooses
  • Identifying evidence that may be needed
  • Helping to collect necessary evidence to support the claim
  • Drafting and reviewing necessary legal documents
  • Informing an individual about their rights and protections under the law
  • Providing representation in court and settlement meetings
  • Offering legal advice so the individual can make educated decisions

How Much Does it Cost to Hire a Wrongful Death Lawyer in the U.S.?

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.

What to Look for in a Wrongful Death Lawyer?

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:

  • Relevant experience
  • Fee transparency
  • Strong communication skills
  • Professional responsibility

Relevant Experience

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.

Transparency Regarding Fees

A legal case can be lengthy and legal fees can mount up. A lawyer should be transparent regarding their fee structure from the start.

Strong Communication Skills

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.

Professional Responsibility

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.

How to Prepare for Your Consultation With a Wrongful Death Lawyer?

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:

  • Any form of recording of the accident or injuries, the condition of the scene, or other relevant issues
  • Potential witnesses and their contact information
  • Evidence of the costs associated with the incident, such as:
    • Medical treatment
    • Receipts for expenses
  • Police reports or records, if available

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.

Where to Find Wrongful Death Lawyers in the U.S.?

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.

LegalMatch is a free and convenient way that you can find a lawyer near you who is ready to start helping you resolve your claim. Just submit your question or concern on the website and you will quickly receive responses from attorneys near you which includes their background, fee information, and reviews from previous clients.

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