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What are Wrongful Death Lawyers and How Do They Operate?

August 25, 2023
2 min read

The realm of law is marked by a vast array of specialized areas, each with its unique complexities, challenges, and practitioners. Among these specialized fields, wrongful death attorneys hold a significant place.

In the simplest terms, wrongful death attorneys are legal practitioners who specialize in cases where a party's negligence or misconduct has resulted in the death of an individual. Drawing parallels to a tort action, it is important to note that wrongful death is a civil action rather than a criminal one. It allows for financial compensation to be sought by the deceased's survivors or estate, rather than punishment by imprisonment or other criminal penalties.

To understand the role and operation of these attorneys, one must first grasp the notion of wrongful death. The term 'wrongful death' finds its roots in 'common law', the system of law that originated from England and is based on court decisions rather than statutes. Historically, common-law courts did not recognize wrongful death claims, operating on the principle that the claim died with the victim. It was only after the enactment of "Lord Campbell's Act" in 1846 in England that the right to bring about a wrongful death lawsuit was legally recognized. The U.S., following suit, began to institute wrongful death statutes in the 19th century, with every state now having some form of wrongful death claim action available.

Wrongful death lawsuits hinge on the concept of negligence - a legal theory that is central to most injury and accident lawsuits, including car accidents and medical malpractice claims. From the lens of law, negligence is the failure to use appropriate care in dealing with a situation that leads to harm to another party. It is the bedrock principle underlying the practice of wrongful death attorneys.

In a wrongful death case, the burden of proof lies on the plaintiff, who must demonstrate that the defendant's negligence or misconduct caused or contributed to the death of the deceased. This burden of proof is often complex and requires a careful gathering and presentation of evidence, establishing a clear line of causality between the defendant's actions and the resulting death.

Wrongful death lawyers, therefore, traverse this intricate landscape, guiding their clients through the complexities of the legal process. The practice involves multiple steps, beginning with an initial consultation, investigation of the claim, filing of the lawsuit, discovery process, potential negotiation of a settlement, and trial if a settlement cannot be reached.

The wrongful death lawyer's role is not purely legalistic; they also offer emotional support and guidance to their clients, acting as a pillar of strength during trying times. They also engage with various experts, including medical, accident reconstruction, and economic experts, to build a strong case and accurately determine the monetary value of the claim.

The compensation sought in a wrongful death lawsuit is multifaceted and can include both economic and non-economic damages. Economic damages refer to quantifiable financial burdens such as medical bills, funeral costs, and loss of the deceased's expected earnings. Non-economic damages, on the other hand, compensate for intangible losses, such as emotional distress and loss of companionship.

To delve into the professional ethos of a wrongful death lawyer, one must acknowledge the principle of “Contingency Fee” that governs their service charges. Unlike other areas of law, wrongful death attorneys usually work on a 'contingency fee' basis, meaning they only get paid if they manage to secure a settlement or win the case. This arrangement not only reflects the risk-laden nature of these cases but also makes legal services accessible to those who may not afford them otherwise.

In conclusion, wrongful death attorneys operate at the intersection of law, grief, and the human quest for justice. They navigate the tumultuous waters of the legal system, providing expert counsel and reassurance to those grappling with loss while seeking accountability and closure. Their practice, underpinned by centuries-old common law and steeped in the principle of negligence, remains an indispensable part of the broader legal landscape.

TAGS
Law
Negligence
Compensation

Related Questions

A wrongful death attorney is a legal practitioner who specializes in cases where a party's negligence or misconduct has resulted in the death of an individual. They guide their clients through the legal process, provide emotional support, and work with various experts to build a strong case.

The term 'wrongful death' finds its roots in 'common law', originating from England. Historically, common-law courts did not recognize wrongful death claims. It was only after the enactment of 'Lord Campbell's Act' in 1846 in England that the right to bring about a wrongful death lawsuit was legally recognized. The U.S. began to institute wrongful death statutes in the 19th century.

Negligence is a legal theory that is central to most injury and accident lawsuits. It is the failure to use appropriate care in dealing with a situation that leads to harm to another party.

In a wrongful death case, the burden of proof lies on the plaintiff, who must demonstrate that the defendant's negligence or misconduct caused or contributed to the death of the deceased.

A wrongful death lawyer guides their clients through the legal process, provides emotional support, and works with various experts to build a strong case. They are involved in the initial consultation, investigation of the claim, filing of the lawsuit, discovery process, potential negotiation of a settlement, and trial if a settlement cannot be reached.

The compensation sought in a wrongful death lawsuit can include both economic and non-economic damages. Economic damages refer to quantifiable financial burdens such as medical bills, funeral costs, and loss of the deceased's expected earnings. Non-economic damages compensate for intangible losses, such as emotional distress and loss of companionship.

A 'contingency fee' basis is a payment arrangement where wrongful death attorneys only get paid if they manage to secure a settlement or win the case. This arrangement reflects the risk-laden nature of these cases and also makes legal services accessible to those who may not afford them otherwise.

Interested in the Best Wrongful Death Lawyers in Chicago?

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.

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