The Shocking Truth About Wrongful Death - Part 13

9 Ways a Lawyer Can Help Your Case

Lawyers with experience handling wrongful death cases can help maximize your recovery by making key decisions at the right time in the case.  Each case is different, but we've assembled a list of 9 issues that may make a difference for your case.

1.  Hire a lawyer to start investigating as soon as possible. 

The earlier your find a lawyer, the better.  The investigation into the facts of the case could be crucial to your claim.  Witnesses need to be found and sworn statements may need to be taken.  Police officers may need to be interviewed, photos of the scene need to be made, and crucial evidence needs to be preserved.

Sometimes the lawyer can conduct the investigation.  Sometimes a qualified investigator must be hired for a proper investigation.

2.  Accident Reconstruction.

An accident reconstructionist uses math and physics to determine the cause of an accident.  In a disputed liability situation, both sides often use a reconstructionist to try to prove their cases.  The qualifications of these experts vary from individuals with high school degrees and continuing education classes to professors who teach at universities.

The lawyer's experience and connections can find the right expert for your case.

3.  Find all the defendants.

One of the jobs of the lawyer is to maximize financial recovery for the client.  In order to do that, the lawyer needs to find all the potential individuals or businesses responsible for causing the death.  Sometimes this is easy and obvious.  If a defendant ran a red light and caused the death, it's pretty clear who will be the target of the lawsuit.  But if the driver was on the job at the time, it may be difficult to determine the business for whom the driver worked.  That's crucial information because under the doctrine of vicarious liability, the employer may be liable for the accident.

4.  Find the right experts.

Experts can make or break your case.  Experts are witnesses with a specialized knowledge base whose testimony is necessary to prove a case.  Examples include economists, grief counselors, psychologists, accident reconstructionists, medical examiners, doctors, scientists, and engineers.

In our office, we have many ways to find the right experts.  We belong to regional, national and international plaintiff organizations that have databases of various experts.  Those organizations also have information available on the experts who tend to testify mostly for the defence.  We also have a network of fellow plaintiff lawyers that we consult with on a regular basis to find the best experts.

5.  Find the insurance coverage.

Insurance coverage is essential to getting the best recovery possible in most cases.  Sometimes defendants do not have enough money or assets to adequately compensate the family members of someone killed as the result of negligence.

In an "over limits" claims, our lawyers demand to see certified copies of insurance policies and signed affidavits verifying the basic insurance policy limits and that the defendant does not have an "umbrella policy", which covers claims that exceed a basic insurance policy.

6.  Document economic loss.

Families can suffer a huge economic loss when a loved one dies.  In order to prove the amount of that loss, our office hires an actuary or economist.  Many such experts are university professors who look at the decedent's income level, the income they would have earned had they lived, prior tax returns, and other economic data to determine the value of the economic loss caused by the death.

In addition to having excellent academic credentials and real-world experience, an economist or actuary must also be a superb communicator with the court.

7.  Psychological injuries.

The death of a loved one is usually devastating, especially when the cause is someone else's negligence.  The loss typically causes psychological injury to the survivors.  Depression, post-traumatic stress disorder, and anxiety are the most common results.  The report of a highly qualified clinical psychologist can help document these very real psychological injuries, which can be presented to the defendant and the court.  This will become more important as the wrongful death laws are changed to give scope for psychological injury claims.

8.  Grief counseling.

The grief counselor can document loss and help the survivors deal with the tragic situation.  The grieving process is an expected part of the wrongful death of a loved one with various stages the family needs to work through with the help of the counselor.  The lawyer can help the family locate trained professionals who can best deal with these issues.  Again, this will become more relevant to the claims process as the laws change.

9.  Demonstrate the relationship.

 The Fatal Accidents Act is designed to benefit the survivors of the person who died as a result of the conduct of a negligent party.  The more survivors who depended on the loved one for companionship, guidance, and income, the greater the potential value of the case.

You and your lawyer should work as a team to develop the best strategy for your family's case.