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When a loved one dies due to an accident or someone else’s negligence, emotions will be running high even before legal action is taken. In order to mount a successful claim against the negligent party, it would be wise to hire a quality wrongful death attorney who knows how to navigate these difficult cases. In addition to addressing the legal concerns, they must also be mindful of the human emotions involved in losing a loved one. The approach of an attorney in Oak Lawn wrongful death cases must be one of compassion and experience.
Wrongful death cases tend to be more complex than routine personal injury cases. Not all personal injury lawyers are experienced in handling them. In addition to the higher stakes involved when dealing with someone who died as the result of negligence, there are many other unique procedural issues which come up in wrongful death cases. There are often probate issues regarding who is entitled to receive the proceeds from a wrongful death case. In addition, the damages in a wrongful death case differ than those in a typical personal injury case.
When deciding to hire a lawyer, it is important to ask that attorney about their experience with litigating wrongful death cases. While this will likely be the first wrongful death a family is involved in, a skilled local lawyer could assist in all aspects of the situation. This includes helping the family with the difficult emotional toll that the loss of a loved one takes on them.
A lawyer is often in the best position to document and substantiate all of the damages available in the claim. While there are many personal injury lawyers, far fewer have experience in handling wrongful death cases.
It is essential for any lawyer to acknowledge the extreme emotions which accompany the death of a person. The loved ones have lost someone they care deeply about, and no amount of money will make up for the loss.
The lawyer should seek to reassure the family at this difficult time. They must handle all legal aspects of the claim, but more than that, they should be compassionate for the grief the family is experiencing.
When presenting a case in court, it is crucial that the attorney convey the grief to the jury in the belief that they will feel compassionate towards the family and award damages. While there are no formulas to determine what the value in a wrongful death case is, an experienced attorney can be in the best position to gather appropriate evidence to sway the jury or to ensure the best possible settlement value.
The attorney fees in a wrongful death case are the same as in any other personal injury case. There is no upfront fee, and the lawyer is paid a percentage of the recovery amount when the case is over. In this way, the grieving family does not need to worry about paying upfront while still in the grieving process. It also incentivizes the lawyer to fight for, and obtain, the best possible compensation of damages for the family.
An attorney who is inexperienced in wrongful death claims might not only make legal mistakes, they could also fail to communicate to the heartbroken family with the proper care and understanding. That is why it is a good idea to retain an attorney whose approach to Oak Lawn wrongful death actions is based in experience and compassion. Call today to discuss your potential case.