The ordeal of losing a loved one is a heart-wrenching event, made even more poignant when the death is unjust or avoidable. Such circumstances create a vacuum of unanswered questions and a yearning for justice. A wrongful death lawyer could prove crucial in seeking redress in such instances.
A wrongful death claim arises when one party is held legally responsible for causing another’s death, either intentionally or due to negligence. This legal concept traces its origins to the 19th century with the passage of Lord Campbell’s Act in 1846 in England, which first allowed relatives of a deceased person to seek compensation from the party responsible for the death.
In the context of the law, wrongful death claims fall under the purview of tort law, specifically a subsection known as torts of negligence. Herein, the plaintiff must demonstrate that the defendant owed a 'duty of care' to the deceased, that this duty was breached, and the breach resulted in the death of the individual, causing quantifiable damages.
Having established the theoretical basis, it is crucial to understand the mechanics of choosing a wrongful death lawyer who can navigate this complex legal terrain.
Firstly, one must consider the lawyer's experience and specialization. The study of law, akin to medicine, is divided into numerous specialties. Wrongful death is a particularly intricate area requiring a high level of expertise in personal injury law and probate law. It would be beneficial to hire an attorney whose primary practice area includes wrongful death cases.
The lawyer's experience can often be gauged by their 'track record' or history of successfully litigated cases. This information usually resides in the public domain and can be accessed through a basic internet search or by directly inquiring with the lawyer or their firm.
Secondly, it is important to consider the lawyer's reputation in the legal community. A lawyer’s reputation is a form of social capital that can significantly influence the trajectory of a case. Judges, juries, and opposing counsel often hold lawyers in high regard who consistently demonstrate integrity and legal proficiency. In this context, one can utilize platforms such as Martindale-Hubbell, which provide peer review ratings for attorneys.
Thirdly, consider the lawyer's approach to communication and case management. The manner in which a lawyer communicates with their client often reflects on their professionalism and their dedication to the case. A good lawyer will provide regular case updates, answer queries promptly, and maintain transparency about the probable outcomes.
Fourthly, consider the fee structure. Most wrongful death attorneys operate on a contingency fee basis, meaning they get paid only if they win the case. This arrangement, rooted in the principle of 'access to justice,' allows even those with limited financial resources to afford legal representation. However, ensure that the payment terms are clearly laid out and understood before retaining the attorney's services.
Lastl, it is wise to check for disciplinary actions. Each state maintains a record of disciplinary actions taken against lawyers. These records can be accessed via the state's Bar Association website.
As John Rawls, the eminent moral and political philosopher, once suggested, in a just society, the liberties of equal citizenship are taken as settled, and the rights secured by justice are not subject to political bargaining or to the calculus of social interests. In a wrongful death case, the preservation of these liberties and rights is paramount.
The selection of a wrongful death lawyer, therefore, is not merely a utilitarian exercise, but a serious endeavor of trust and hope – hope for justice and a better tomorrow. The above-mentioned steps, though not exhaustive, provide a useful starting point in this journey.
If you're looking to learn more about wrongful death lawyers, our blog posts are a great place to start. For those in the Atlanta area, be sure to check out our rankings of Best Wrongful Death Lawyers in Atlanta.