6 Things I Wish I'd Known About Wrongful Death Lawyers Before Hiring One

The realm of wrongful death litigation is one steeped in nuances, intricacies, and complexities. In the wake of a devastating loss, it can be an overwhelming task to navigate these waters. In retrospect, there are several key insights that could have eased this journey and made the process more manageable. Let us take a moment to delve into the expanse of these insights with the hope that they may benefit those who find themselves on this unfortunate path.

Firstly, understanding the scope and bounds of wrongful death litigation is pivotal. In essence, wrongful death is a legal term referring to a claim that certain individuals can bring if a loved one dies as a result of someone else’s negligent or intentional act. This concept is a derivative from the common law principle that a person’s rights of action are extinguished upon their death, a maxim that has since been abrogated by statute.

However, the statute does not grant universal standing to bring such claims. Only certain individuals, typically close family members, or the personal representatives of the deceased's estate, can initiate such litigation. This demarcation is a double-edged sword, offering clarity on who can bring forth a claim, while simultaneously leaving those not fitting within the stipulated classes without a recourse to seek justice.

The second insight revolves around the damages that can be claimed. The economic and non-economic damages recoverable in a wrongful death action include lost support and services, loss of decedent's companionship and protection, mental pain and suffering, medical and funeral expenses, and future lost earnings. The assessment of these damages often necessitates the engagement of expert witnesses, such as economists and actuaries, whose complex statistical models and projections play a vital role in quantifying the financial impact of the loss.

This brings us to the third insight: the cost of litigation. While most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they win the case, the cost incurred for engaging expert witnesses, court reporting, and other litigation expenses can add up. It is essential to know that these expenses often have to be borne by the client, regardless of the outcome.

The fourth insight pertains to the time involved in pursuing a wrongful death claim. From the rigorous discovery phase to trial and inevitable appeals, this process can span years. This protracted timeline is not just a function of court congestion and litigation strategy, but also a reflection of the game theory principles at play. It is a delicate balance between obtaining a quick settlement and holding out for a potentially larger award by trial.

Fifthly, the principle of sovereign immunity warrants understanding. Rooted in the Old English legal maxim that "the king can do no wrong", this principle posits that governmental entities are immune from lawsuits unless they consent to be sued. While most jurisdictions have enacted tort claims acts waiving such immunity to a certain extent, navigating these statutory exceptions can be a labyrinthine exercise.

Lastly, it is essential to recognize the emotional toll such litigation can take. The adversarial nature of the process, coupled with the re-living of traumatic events, can impact mental well-being. In the field of behavioral economics, this is known as "loss aversion" - the idea that losses are more psychologically impactful than equivalent gains. A wrongful death lawsuit, by its very nature, is focused on a profound loss. Recognizing this psychological cost is crucial to maintaining emotional balance throughout the process.

In conclusion, while no amount of preparation can truly guard against the emotional hardship of losing a loved one, understanding these key insights can empower individuals to navigate the legal process more effectively and make informed decisions about pursuing a wrongful death claim. An intellectual understanding of the myriad complexities involved in such cases can provide a form of solace, ensuring that one's pursuit of justice is as informed, prepared, and resilient as possible.