4 Things I Wish I'd Known About Wrongful Death Lawyers Before Hiring One

In the labyrinth of legal processes, finding the right Wrongful Death Lawyer (WDL) to secure justice for your loved one can be a complex journey. The choice of a wrongful death lawyer is crucial as it can significantly impact the direction and outcome of your case. In retrospect, there are several things I wish I’d known about this critical process before engaging legal assistance.

To start, it is essential to understand that wrongful death cases are driven by Tort Law. This area of law is designed to address incidents in which the wrongful conduct of one party causes harm to another. It originates from English Common Law and focuses on the concepts of duty, breach, causation, and damages. This legal framework is relevant as it forms the basis for the claim and the ensuing legal steps taken by your WDL.

The first thing that caught me by surprise was the importance of Statutes of Limitations. These are laws passed by legislative bodies in common law systems to restrict the time within which legal proceedings may be brought. This is a concept drawn from Roman law and is applied in modern legal systems to promote fairness and certainty. In the context of a wrongful death case, it means that there is a specific time limit within which you need to initiate legal proceedings, else you lose the right to sue. Knowledge of this time restriction would have instilled a sense of urgency and guided the pace of our legal actions.

Secondly, I was not fully aware of the standard of proof required in a wrongful death case, more specifically, the concept of ‘preponderance of evidence’. This is different from the standard used in criminal cases, 'beyond a reasonable doubt'. A preponderance of evidence means that a party has shown that its version of facts, causes, damages, or fault is more likely than not the correct version, as in over 50% likely. This is relevant as it directly impacts the evidence that your WDL must gather and present. Understanding this would have helped me aid my lawyer better in collecting evidence and building our case.

Thirdly, I wish I had known the role of Insurance Companies and their defense lawyers in wrongful death cases. Insurance companies, under the concept of indemnity, have the responsibility to cover the wrongful death damages. But, their model is built on actuarial science, a discipline that applies mathematical and statistical methods to assess risk in insurance, finance, and other industries. Therefore, to minimize their financial exposure, insurance companies and their lawyers often go to great lengths, using complex legal and negotiation tactics. Being aware of this would have prepared me for the seemingly daunting task of dealing with insurance companies and their legal teams.

Last but not least, it was a realization that a WDL's contingency fee structure, while it may seem hefty at first glance, is not only justified but also necessary. This is because these cases are often long, drawn-out processes involving in-depth investigations, expert testimonies, and extensive negotiations. To finance these activities, law firms use the funds from the contingency fees. Besides, this structure aligns the interests of the client and the lawyer as the lawyer gets paid only if the case is won. This understanding would have put me at ease about the financial arrangements with my lawyer.

In conclusion, navigating the complexities of securing justice in a wrongful death case can be less daunting if one is equipped with these insights. A keen understanding of the time limitations, standard of proof, role of insurance companies, and the lawyer's fee structure can be invaluable. This knowledge will not only guide you in selecting the right WDL but also in effectively supporting them to build a strong case.