When a family member or loved one is killed due to negligence caused by another person, the family can file a wrongful death lawsuit against those that are responsible.  Unfortunately, these important decisions have to be made quickly by the family at precisely the same time that the family is grieving, burying the dead and most unsure about how or why they need to protect their rights.

Meanwhile, the defendant corporation and/or its insurance company will be moving to  quickly hire investigators, wrongful death lawyers and insurance adjusters to protect their interests.

Even though the stakes are high and the potential damages great, far too often, the grieving family  “goes to battle” without a professional wrongful death attorney of their own.

Wrongful Death Actions Arise From A Variety Of Accidents

While a wrongful death action can arise from a variety of causes, the most common causes of a wrongful death include:

1. Motor vehicle accidents
2. Medical malpractice
3. Defective products and drugs
4. Construction and workplace accidents
5. Maritime and longshore/harborworker accidents

In each of these cases, if it can be a shown by the applicable standard of evidence (see below) that a defendant acted with negligence, recklessness, a complete disregard for the victim’s safety, or with intent to harm or kill the victim, the death is deemed to be an actionable wrongful death. Let’s take a look , in more detail, at the most common kinds of wrongful death accidents.

Motor Vehicle Accidents. Motorists have an obligation to exercise caution while operating motor vehicles and drive safely according to the conditions while being mindful of other motorist, adverse weather conditions and pedestrians.

Medical Malpractice. If a medical practitioner fails to perform his or her duties to the accepted standard of care, thereby causing death to a patient; then, the doctor or medical practitioner can be held accountable.

Defective Products Or Drugs (“Product Liability”). Manufacturers, distributors, and designers must ensure that their products are safe for the public. If a product is defective in terms of its design, manufacturing, or customers are not made aware of a potentially harmful risk; then they can be held liable if a person is killed as a result, even if the parties were not negligent.

Construction Or Workplace Accidents. Employers have a legal obligation to meet OSHA standards, as well as additional safety standards under state law and generally provide a safe work environment for their employees.  If an employee is killed on a work site as a result of an employer or contractor’s  negligent actions or disregard for employee safety, the surviving spouse and/or family members can bring a wrongful death lawsuit against the responsible parties.

Maritime And Longshore/Harborworker Accidents. Persons employed as sailors aboard ships, as well as those who load and unload cargo carried on ships, have enjoyed special protection under two federal laws:  The Jones Act (sailors and seamen) and the Longshore and Harborworkers Act.  Where seamen or stevedores are killed while on the job, the family has the ability to bring a wrongful death action under these statutes.

As you can see, there are a number of way that a victim can lose his life while driving, being treated for medical conditions or on the job.  Each of these areas of law require the expertise of a wrongful death attorney.  You can bet the defendant will employ some of the best investigatory and legal talent that it can afford.  Let’s take a look at why you need to hire a professional wrongful death attorney of your own.

Why Do I Need A Wrongful Death Attorney?

A wrongful death action is much more complicated than a “fender bender” automobile action of a dog bite case involving neighbors.  When someone dies, the stakes are high and the liability exposure of the defendants can be in the millions or billions of dollars.  In simple terms, negotiating, litigating or settling a wrongful death action is not a “do it yourself project.”

Let’s see why.

Unfair Insurance Company Tactics. The insurance company hires adjusters and attorneys to minimize the amount they pay out on wrongful death claims.  No matter how nice defendant’s representatives or insurance company’s may seem, they are paid to look out for their client’s best interest, not yours.  Many unscrupulous attorneys and adjusters use unfair tactics to try to lock in your statements and limit your damages before you have had time to fully evaluate your claim.

Determine Who Can File A Wrongful Death Claim. The surviving family might initially conclude that the surviving spouse and children are the only potential plaintiffs in a wrongful death lawsuit.  To the contrary, depending on the state, siblings, step children, former spouses, incompetent dependents and adult students can potentially be plaintiffs in a wrongful death lawsuit.  This has the added effect of increasing payouts because of the additional plaintiffs.  On the other hand, where unrepresented plaintiffs settle a case early and without considering all potential plaintiffs, they could waive the rights of others to recover, or worse, have to split the meager settlement with them.

Recover All Of Your Damages. Surviving relatives can recover medical bills, lost wages and loss of companionship (compensatory damages) or punitive damages to punish the offending party for their negligent or intentional acts (punitive damages).

Gather And Preserve All Evidence. Unlike laypersons, experienced wrongful death lawyers know that evidence comes from a variety of unconventional sources.  For instance, evidence comes from witnesses, documentary evidence (police reports, medical records, discovery, etc.) and expert testimony (doctors, accident reconstruction experts, engineers, etc.).  The surviving spouse or family must be prepared to must present sufficient evidence of these types to convince a judge or jury by a preponderance of the evidence that the defendants are responsible for the death of the victim.

Avoid Statute Of Limitations. In most cases, the statute of limitations to file the wrongful death lawsuit is two years from the date of death (or in some states, the date of the accident).  Unprepresented plaintiffs will not likely know when the statute of limitation is about to run.  The insurance company attorney or adjuster, not being able to get a small, quick settlement, will likely drag the “investigation” and negotiation out with the hope of having the plaintiff miss the statute of limitations.

Wrongful Death Claims Are Not “Do It Yourself” Projects

Consider that the damages recovered in a wrongful death claim are supposed to replace future income and help the family survive without the victim’s income and resources.

Where the family leaves thousands (or millions) of dollars on the table, the effect can be devastating on the quality of life of the survivors forever.

Do not attempt to litigate a wrongful death claim without the assistance of a competent wrongful death lawyer.  Remember the old saying:

A lawyer that represents himself has a fool for a client.

Do not be a fool.

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