When a loved one dies because of another person’s negligence, you might have grounds to file a wrongful death lawsuit. These cases are emotionally difficult and legally complex. While you can pursue a case without a lawyer, working with an experienced attorney greatly increases your chances of success. Here are the key factors to consider when deciding whether to hire a wrongful death attorney.
The Value of Legal Experience
According to a study by John Hopkins Medicine, medical errors contribute to over 250,000 deaths per year in the U.S. Yet only a fraction of these cases lead to malpractice claims, in part because families do not understand how to build a persuasive case. An attorney who specializes in medical malpractice and wrongful death cases knows how to thoroughly investigate a death, identify liable parties, establish damages, and negotiate a fair settlement. They have successfully handled cases like yours in the past. With a strong grasp of wrongful death law and courtroom experience, they can accurately evaluate your case’s worth and maximize your financial recovery.
Navigating Complex Bureaucracy
Following a loved one’s death, you may need to navigate a complex bureaucracy to access medical records, death certificates, insurance policies, and other evidence needed to prove your case. According to experts, preventable medical errors persist because healthcare facilities make it difficult for families to obtain records that may incriminate them. Ryan Zehl, a Houston wrongful death attorney states that a lawyer has the legal right to subpoena documents and take witness depositions. They know how to follow strict chains of evidence procedures so that your case evidence gets admitted in court. Handling myriad legal and procedural details on your own while grieving can prove overwhelming.
Calculating Damages
One challenge in wrongful death lawsuits is calculating the worth of your damages – the value of your loved one’s life lost. Damages factor in medical and funeral bills, loss of future income and benefits, loss of companionship, and your own pain and suffering. According to recent reports, wrongful death settlements can reach $15 million and beyond. However, every case has unique circumstances that significantly impact the award amount. An experienced attorney will hire financial analysts to put together a life care plan projecting your loved one’s earnings and expenses over their life expectancy. This provides crucial evidence for a jury to decide fair compensation. An experienced wrongful death lawyer provides expert legal representation, helping families seek justice and compensation for the loss of a loved one due to negligence or misconduct.
Building a Convincing Case
In wrongful death lawsuits, you bear the burden of proof. You must show through a “preponderance of evidence” that the defendant’s negligence directly caused your loved one’s death. But defendants often shift blame and introduce doubt. Medical facilities may claim your loved one had pre-existing health issues and point to complex treatments to confuse jurors. If a case goes to trial, an attorney knows how to present facts persuasively, prepare expert testimony explaining medical details, and directly refute defenses. Their reputation and litigation skills give your case added credibility.
Is an Attorney Affordable?
Attorney costs represent a major concern. However, most wrongful death attorneys work on contingency, collecting no legal fees unless they obtain a settlement or award. The standard contingency fee is 33-40% of the final amount. So, in a $3 million settlement, for example, $1 million would cover attorney fees and costs. While this percentage seems high, you would likely recover far less or nothing at all without competent legal representation. Weigh costs against the value the attorney will bring to your potential case.
Losing a loved one unexpectedly is heartbreaking. Pursuing legal action cannot undo this tragic loss, but it can provide some sense of justice and financial support.
