Do You Really Need A Wrongful Death Attorneyby Panter, Panter Sampedro, P.A Personal Injury Law Firm.
When the death of a family member has been caused either by the negligence or intentional act of somebody else, the right to file a civil wrongful death case might arise. Some people even ask whether it's necessary to retain a personal injury attorney for these types of cases.
The likelihood of mistakes
The law doesn't necessarily require the person who files a wrongful death action to have an attorney, but these are almost always high stakes cases. Without an experienced wrongful death attorney, anybody filing a wrongful death case is likely to make mistakes that will significantly diminish its value. The case could even get dismissed without permission to refile.
The lack of legal training
A claimant without a legal background has no training in pleading, civil procedure, evidence, torts, probate or statutory construction. Expect insurance defense attorneys to pick your pleadings and the facts supporting them to pieces. There's a right way and a wrong way of doing things, and the risk of anything done wrong goes down exponentially with a knowledgeable and experienced wrongful death lawyer representing you and your family.
Don't overlook damages
Damage issues in wrongful death lawsuits are complex, and if you've missed an item or element of damages after settlement or a verdict, it's forever waived. The same rule applies to a survival cause of action that might be brought along with wrongful death. A seasoned and successful wrongful death lawyer is unlikely to miss these details.
Even if you have the best wrongful death case in the courthouse, the opposing attorneys have you right where they want you. For every mistake that you make, the value of your case decreases. Don't be penny wise and pound foolish. Retain a respected wrongful death attorney to represent yourself and the interests of your family.
Created on Nov 8th 2017 12:07. Viewed 570 times.