If you’ve carefully read the other articles on this website, there is probably no doubt in your mind that wrongful death claims are complicated. The laws and procedures which govern these cases are complex. Any case can be dismissed and/or lost based on a procedural and/or technical violations of the court rules and statutes which apply to these claims. Wrongful death cases can also be challenging from a factual standpoint because frequently, there are multiple claimants, claims, damage elements, and other legal issues involved. No wrongful death case should ever be filed or pursued without the assistance of a qualified wrongful death attorney.
That is why this chapter is devoted to discussing the benefits of hiring an experienced wrongful death lawyer. There are just too many things that can go wrong in a wrongful death case to leave the representation to an inexperienced attorney for this type of claim. You definitely want an attorney who is a professional and who has years of experience handling wrongful death cases. Your lawyer should also have a long history of dealing with insurance companies because the lawyer’s negotiation skills need to be in top form.
Remember, the insurance company will be doing everything it can to minimize the wrongful death claim and avoid paying compensation to cover the damages incurred by the estate and surviving family members. In fact, most insurance companies take a rather aggressive approach to defending wrongful death cases, given the potential size of these claims. When a wrongful death case arises, the insurance company will often immediately hire counsel (or tap into counsel they have on retainer) and employ other experts to begin putting together a strong defense. Since important evidence that affects the wrongful death claim can be lost, misplaced, or even intentionally destroyed, the family should promptly hire their own legal representation to protect their rights and increase their chance of making a successful recovery.