Representation In A Wrongful Death Case

Justice Admin Feb/10/2011

The best lawyer for your situation is who you will want to look for when seeking representation in a wrongful death case. These cases can involve many complex issues and having someone who is prepared, knowledgeable, experienced and committed in this field would be of the most assistance. Select a Sarasota attorney who specializes in the specific area you need help with such as an accident that occurred while at work for instance. Many people feel that hiring an attorney can be too costly, when in fact you can hire one on a contingency basis meaning you owe nothing until you recover against the defendant and if there is no recovery then there is no cost at all. If you win, the attorney will charge you a percentage of the recovery as their fee.

Make sure that the attorney you hire is part of a firm that is stable and able to pay all the costs up front for your case that can include expert witness fees without asking you to pay for them. This will also ensure that your attorney will have the financial backing to take your case to trial if that is what ends up happening and is not going to settle for anything just to make some money on your case. It is critical that you find an attorney that communicates well with you and that you get along with. They should return your emails and telephone calls promptly and meet you when you ask them to.

You should be kept updated on all developments or changes that occur. If your representation is so busy that they do not correspond with your in a timely manner then they are not the right person to handle your case. You should be treated with courtesy and respect and your needs should always be taken into consideration when any recommendation or decision is made. Hire someone who will be the primary contact in your case, some firms will have you meet with an experienced partner and then reassign the case to a young associate that may or may not have experience in the area of your case.

Other things to consider when seeking representation are the size of the practice, the amount they charge, their style of practicing and their reputation. The type of attorney you are looking for is trained in lawsuits filed in civil court that involve a death by the actions of another entity or person. All countries have procedures and laws that deal with determining who is responsible when someone dies. The purpose of the suit is to obtain financial compensation for the surviving family when a death is unnatural. Not every country has the ability to sue in court for financial compensation written into their law.

Hiring a wrongful death attorney should be done within 6 months after the death has happened. During this time the family is upset and they will need reliable and honest advise about their options, how strong their case is and the potential costs that will be involved. Avoid attorneys that advertise that they can get settlements for anyone, each case is unique and they must be reviewed prior to deciding if there is a case at all. Talk with people in the same industry to find out what the reputation of a particular wrongful death lawyer is, you can ask the law society for a reference, you can ask the undertake or an estate lawyer. If you are basing your decision on an ad that you saw, call the law society to make sure there are no formal complaints on file with the discipline board about this person.

Select a couple of potential lawyers and set up consultation appointments that are typically done at no charge. Ask each one how their cases go to trial and how many of them are settled out of court. Discuss options for resolving the dispute and ask for their professional opinion. Some of them will prefer to go to trial and others will be inclined to negotiate through a settlement. Talk about the benefits and the risks of each approach and then you can decide what your best option is and who you might like to have represent you for the best results. Take a look at the size of the firm, the number of employees and how many cases they work on at the same time. A wrongful death suit will require a significant amount of effort and time. Avoid lawyers that have heavy caseloads as most of the work will be allocated to associates or law students.

Other things to consider when seeking an attorney are their success rate, the attorney you select should have a solid history of jury verdicts and large settlements in fatal cases. Laws vary from state to state, select someone who has at least 10 years of experience in the state you reside in. These cases vary in their type and scope, if your loved one died due to a medical mishap or mistake your attorney should have a lot of experience in the area of medical malpractice. They should have a proven track record of the exact type of case that you have. Your attorney works for you and as such when the time comes for a decision to be made during litigation they should consider your emotional and economic situation and weigh and talk about all the options available to you before a decision is made. Everything should be explained to you in plain English. Expect that the typical payment amount will be a third of what the recovery amount is.

Some of the reasons you may be seeking representation in a wrongful death case can include such things as alleged murder, choking or accidental drowning, shooting, drug toxicity, food poisoning, nursing home neglect, train accident, highway accident, airplane accident, defective equipment, faulty product, dangerous building or workplace or medical malpractice. The loss of life must have been caused in part or in whole by the actions of another person even if there may not have been any intention of harming the victim to meet the criteria of a wrongful death lawsuit. These cases always are decided in civil court instead of criminal court because there are financial compensation issues for loss of life other than seeking punishment such as jail time. Compensation cannot replace the loss of a loved one but the courts are able to award judgments. Relatives of the victim or their estate are usually the plaintiffs.

Justice Admin Feb/10/2011


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


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