The loss of a loved one is always a grievous event, but when that loss has been unjust and potentially avoidable, the grief is uniquely compounded with a sense of injustice. In such cases, you might seek the services of a wrongful death lawyer, a legal professional who specializes in cases where the negligent or malicious actions of one party have resulted in the death of another.
However, while justice may be sought, it's important to remember that the pursuit of it entails costs. It necessitates a committed investment of time, energy, and money. The last factor — money — is a crucial component of the equation and demands careful consideration. Here's a guided roadmap on how to budget effectively for this undertaking.
The first order of business is understanding the fee structure of wrongful death lawyers. Generally, they operate on a contingency fee basis, meaning they receive a certain percentage of the total recovery achieved. The average wrongful death lawyer's fee ranges from 33.3% to 40% of the recovery. This means that if no recovery is made, no legal fees are owed. It's important to determine this rate upfront, as it will significantly impact your budget.
Next, consider other potential expenses. These could include court filing fees, fees for obtaining medical records, expert witness fees, process server fees, and deposition costs. Some wrongful death lawyers might cover these costs initially but will deduct them from your portion of the recovery if the case is won. Make sure to clarify this in advance to avoid unpleasant surprises.
Estimating the potential recovery amount is also essential. This is where the principles of economics come into play, specifically the concept of expected value. This mathematical calculation multiplies the potential outcome values (for example, the settlement amount or jury award) by their respective probabilities. For instance, if there's a 25% chance of winning a $1 million lawsuit, the expected value is $250,000. This might give you a rough estimate of whether the expected legal costs are prudent.
From a strategic perspective, understand that the duration of the lawsuit will impact the budget. Lawsuits are marathon and not short sprints. They require stamina, both emotional and financial. They can take anywhere from several months to several years to reach a resolution, and the longer they stretch, the higher the costs.
The calculus of the budget must also account for the opportunity cost of the lawsuit. This economic term refers to the value of the next best alternative foregone. If the money spent on the lawsuit could have been invested elsewhere for a better return, or if the pursuit of the lawsuit costs you valuable time and peace of mind, those factors should be counted as costs.
Finally, remember that while the economic considerations are significant, they are not the only determining factors. The pursuit of a wrongful-death lawsuit is often a quest for justice and closure, values that can't be quantified strictly in monetary terms. It's crucial to assess whether the potential emotional toll might outweigh the potential financial gains.
In the world of wrongful death lawsuits, there are no guarantees. The legal system is not a series of equations that can be solved with a precise solution. It's a dynamic, fluid entity subject to the whims of human decision-making. However, with careful budgeting and a clear understanding of the monetary and non-monetary costs involved, you can ensure that you're as well-prepared as possible to navigate this challenging process.
If you're looking to learn more about wrongful death lawyers, our blog posts are a great place to start. For those in the Chicago area, be sure to check out our rankings of Best Wrongful Death Lawyers in Chicago.