The Shocking Truth About Wrongful Death - Part 12

Seek Legal Help

In a routine personal injury claim, sometimes it's possible to proceed without a lawyer, even though it's usually unwise.  People shouldn't even think about trying to handle a wrongful death claim on their own.  These cases generally are far too complicated and technical for most people to tackle by themselves.

For instance, wrongful death claims need to be made through the administrator or executor of an estate.  That means an estate has to be opened through the probate court, which requires an understanding of that legal process.  The lawyer handling your wrongful death claim will do that for you or will consult with a probate lawyer to get it done.  The estate will remain open until the claim resolves.

Sometimes these already complicated cases get trickier because the person who caused the decedent's death also dies in the incident.  In that case, the claim is made against the wrongdoer's estate.  If no one opens that estate, your lawyer will have to open it if you plan to go after estate assets.  Again, that's a technical process that a layperson shouldn't try to handle.

As we discussed earlier, your lawyer has to show the decedent's death was caused by negligent or other wrongful conduct.  On top of that, the lawyer must prove the various elements of the beneficiaries' claims for damages.  The issues involved are complicated even for lawyers who operate in this world every day.

Seek a lawyer who focuses his or her practice on personal injury claims and who has experience working on wrongful death cases.  Lawyers in this field understand the issues the insurance industry and defence lawyers will raise to defeat your claim, and will have the knowledge and experience to fight for your rights.

Your lawyer will have a few options when trying to resolve your case.  Some lawyers file a lawsuit immediately, which has the benefit of putting you quickly on a trial track.  The other path the lawyer might take is negotiating with the insurance adjuster to resolve the case without having to file a lawsuit.  It all depends on the circumstances.

Lawsuits are time-consuming, expensive, and unpredictable.  The benefit of settling a claim with the adjuster is that the client gets compensated sooner and has a certain outcome.  We file suits quickly if the adjuster makes an unfair offer that we know isn't going to get any better or if the two-year statute of limitations is about to expire.

Sometimes going to trial becomes the only option.  When you're looking for a lawyer, make sure you hire someone who is willing to try cases if necessary.  It can take a long time to get to trial, but it may offer your best chance of getting fair compensation for your wrongful death claim.  If you have to go to trial, be prepared for a long wait.  It's not unusual for a trial date to be set years after the claim is filed in court, and trial dates often get postponed.