Hiring A Wrongful Death Attorney To Handle Your Case
When a person dies in an accident caused by someone's careless or reckless behavior
, the grieving family often needs someone to turn to for help bringing the parties responsible for their loved one's death to justice. Wrongful death cases are different from other types of personal injury cases, wherein the injury victim files the lawsuit. Wrongful death cases are filed by surviving family members whose loved ones have been killed in vehicular accidents, motorcycle accidents, drunk driving accidents, or cases of medical malpractice.
Wrongful death cases can become extremely complicated, and hiring an experienced wrongful death attorney can make or break a case. Most people don't know a wrongful death lawyer who they can call for advice about their potential case. Thus, they have to find one whether it be from friends' recommendations, from television ads, online or in the yellow pages. There are a lot of lawyers out there, however, and finding the right one may be difficult. Before you begin your search, there are a few things you should know:
Attorneys specialize just like doctors do. Just as you would go to a pediatrician to treat a sick child or an oncologist to treat cancer, you must seek the services of an attorney who specializes in wrongful death cases in order to increase your chances of prevailing in your case.
In most states, only the victim's next of kin or personal representative have the right to file a claim for wrongful death. Thus, only the victim's parents, spouse, or children, depending on your state's laws may file suit. If the only next of kin are minor children, then an adult guardian must file suit on their behalf.
As with all personal injury cases, there is a time limit for filing wrongful death claims. This is called a statute of limitations, and it varies from state to state. The case must be filed before the deadline set forth in the statute of limitations or the family will lose their opportunity to recover damages forever. Depending on your state's laws, the statute of limitations may toll, or begin to run from the day the accident causing the fatal injury occurred or from the day the victim died. An experienced wrongful death attorney can make sure your claim is filed before the statute of limitations expires.
To begin the search for a qualified attorney, the family should make a list of personal injury lawyers specializing in wrongful death cases in their area. Most attorneys have a website, where you can find information about the attorney's education, professional background, past verdicts and settlements, and client testimonials. In addition, you can research the attorney's rating on one of several lawyer rating services, such as Martindale-Hubbell. There you will find additional information about the attorney's areas of specialty, peer review ratings, and comments from former clients. Once you've narrowed down the list to a few names, you should also contact the local bar association in your area to inquire about the attorney's standing and ask about any complaints that have been filed against the attorney. From there, the family can make an informed decision about which attorney is best to handle their wrongful death case. Choose wisely. The wrongful death attorney you hire will handle your case for you so you can focus on the difficult grieving process.
by: Brent O. Underwood
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