There is no question that the unexpected death of a loved one is devastating. The loss will take both an emotional and financial toll on every family. When a death is unexpectedly caused by the negligence of someone else, it may be difficult to know where to begin. Although there is nothing that can replace your loved one, or make up for the sense of loss felt by family and friends of the victim, there may be some compensation available for the financial losses. Filing a wrongful death lawsuit can be the first step to obtaining that recovery. However, wrongful death can be a complicated area of the law to navigate, so knowing how to choose a wrongful death attorney can be very helpful, when that time comes.
What is involved in a Wrongful Death Lawsuit?
Wrongful death is a complex area of law that involves both the legal elements of typical personal injury claim, as well as, certain state-specific limitations and requirements. Therefore, it is critical that you select a lawyer with sufficient experience and expertise in this area of the law. It is also vital that you act quickly because all wrongful death lawsuits are subject to statutes of limitations, which is the time limit for filing your claims in court.
Common types of wrongful death cases
Wrongful death claims, that is claims that arise due to someone else’s negligence or wrongdoing, are most often brought to court when a person is killed in an auto accident, been exposed to toxic poisoning, defective drugs or defective products. If you can find a wrongful death attorney that has substantial experience in the area of personal injury that is involved, your changes of a successful recovery will likely increase.
Choosing the right Wrongful Death Attorney
In order to be effective in handling your wrongful death case, the attorney you choose should possess substantial knowledge in this particular area of the law. An experienced wrongful death attorney will know which witnesses to interview and how to solicit the truth, in order to establish liability. It is not enough to know who was driving the other car, you also have to prove that driver was at fault and should be held responsible for the death of your loved one.
What should I ask my attorney?
There are basically two questions you should discuss with any wrongful death attorney you may be considering retaining to assist with your wrongful death lawsuit. First, what is the extent of their negotiation and litigation experience in wrongful death cases? Many cases can settle out of court, when both sides can successfully negotiate a settlement. This saves you both time and money. Second, what is their history of success in wrongful death litigation? Ask about the wrongful death cases they had that have settled, as well as those that went to trial. Your attorney should have a history of success with litigating wrongful death claims.
If you have questions regarding wrongful death, or any other personal injury issues, call the Cottrell Law Office at (888) 433-4861.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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