How Do I Hire a Wrongful Death Attorney? - HHJ Trial Attorneys
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When to Hire a Wrongful Death Attorney: Signs You Need Legal Help

wrongful death
Founding partner of HHJ Trial Attorneys Elliott Jung black and white portrait

Gerry Spence Trial Lawyers College

Adam copy

University of California, Berkeley

Updated: October 22, 2024

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wrongful death
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There are countless legal complexities involved in wrongful death claims, including the statute of limitations, negotiating with insurers, and presenting your case in court. Wrongful death lawsuits can be challenging to navigate during a time of immense emotional upheaval.

Fortunately, HHJ Trial Attorneys are dedicated to helping those who suffer injustice to find stability and fair compensation. This blog discusses the common signs that indicate you need legal support if you’re unsure about hiring a wrongful death attorney.

Understanding Wrongful Death Claims

It’s crucial to understand what qualifies as a wrongful death. Wrongful death is classified as the death of a person as a direct result of another person’s wrongful actions. Numerous circumstances meet the criteria for wrongful deaths, including the following examples:

  • Negligence: a car accident caused by a distracted driver.
  • Medical malpractice: surgical instrument left inside a patient.
  • Intentional criminal acts: assault, murder, etc.
  • Death caused during criminal acts: a civilian killed during a bank robbery.
  • Defective products: a cellphone exploding.
  • Workplace accidents: machine malfunctions due to lack of maintenance.

Signs You Need a Wrongful Death Attorney

Wrongful death lawsuits can be complex and tedious and may take several months or even years to conclude. While it isn’t legally required to have an attorney, facing a wrongful death lawsuit without representation could make you vulnerable.

Hiring a qualified, experienced attorney to represent you in a wrongful death claim increases the likelihood of reaching a favorable outcome. Several signs can alert you to the urgency of hiring an attorney.

Unclear Circumstances Surrounding the Death

If the events surrounding the death are suspicious in any way, it’s a strong indication that you need legal help. Wrongful death attorneys have the resources and expertise to investigate the incident thoroughly. An attorney’s investigation may yield vital evidence that would have otherwise remained hidden.

Evidence of Negligence or Misconduct

When there are clear signs that someone’s negligence or willful misconduct caused the death, it’s crucial to involve a legal professional who will gather the evidence needed to present a strong case. Negligence or misconduct typically includes situations like:

  • Driving under the influence of drugs or alcohol
  • Texting or speaking on a cell phone while driving
  • A doctor failing to diagnose a condition that should have been easily identified
  • A medical practitioner disregarding a patient’s concerns and refusing to provide adequate care
  • A company selling a product with design or manufacturing flaws that make the product dangerous

Pressure From Insurance Companies

If you feel rushed to accept a settlement or sign documents, it’s a red flag that must never be ignored. Insurance providers will do whatever it takes to minimize your financial impact on their business by taking advantage of you when you’re grieving.

A wrongful death attorney will handle all communication with the defendant’s representation on your behalf. Your attorney will also conduct all negotiations and protect your best interests in legal proceedings to ensure you are not pressured into an unfair settlement.

Complex Medical or Legal Components

Should your case involve convoluted legal concepts or specialist medical information, hiring an attorney who understands nuanced situations can be exceedingly beneficial. An attorney will also contact expert witnesses to corroborate your claim about issues requiring a professional understanding of medical terms.

Multiple Liable Parties

The legal process becomes even more complex when multiple parties may be at fault for the death. Your wrongful death attorney will help you identify the potentially responsible parties and navigate the convoluted process of multi-party lawsuits. These situations can include:

  • Multi-car pileups involving several drivers where liability is difficult to determine.
  • Workplace accidents in which owners and managers may both bear responsibility.
  • Defective product cases where the manufacturer and retailer can share liability.

Denial of Responsibility

If the party you believe to be responsible refuses to accept wrongdoing and cooperate in the case, bringing in legal representation makes it possible to apply pressure through legal channels. An attorney will know all potential avenues for forcing a party to participate in legal proceedings.

You Are Unsure or Overwhelmed

Every state has different laws that will affect who can file a wrongful death lawsuit and how much time they have to do so after the incident. If you feel uncertain about your rights, consulting with an attorney will clarify whether you have a viable case and the statute of limitations.

Dealing with all these elements while grieving can be mentally and emotionally overwhelming. Should you struggle to understand legal documents, meet legal deadlines, or communicate with all involved parties, an attorney can take over these burdens so you can focus on processing your loss and keeping up with your daily responsibilities.

The Death Caused Significant Financial Damages

The death of a loved one can lead to severe economic repercussions. If the deceased was responsible for a large percentage of the household income, their death may have left your family in severe financial distress. An attorney will help you identify and seek compensation for the damages you have experienced as a result of the death, which may include:

  • Lost income and employment benefits like health insurance.
  • Medical expenses incurred before death, such as ambulance fees and surgical expenses.
  • Funeral and burial expenses like a casket and burial plot.
  • Loss of financial support for children for school, university, etc.

The Value of Expert Legal Guidance

Deciding to hire a wrongful death attorney can feel complex, but it could be crucial to ensure the financial security of your family. If you recognize any signs from this blog in your situation, don’t hesitate to schedule a consultation with HHJ Trial Attorneys. We offer free consultations so you can explain your case, and we will advise you if it’s viable.

HHJ Trial Attorneys also works on a contingency fee basis, so we are only paid once we have won your lawsuit. This agreement means you can gather information about your options without a substantial financial commitment and make an informed decision based on expert guidance.

While no legal action can truly make up for the loss of a loved one, pursuing a wrongful death claim can provide financial stability so you don’t have to worry about missing rent payments or not having food while processing your grief.

Contact HHJ Trial Attorneys to arrange a free consultation. Our well-educated and experienced attorneys will do everything possible to ensure you get the justice and compensation you deserve.

 

professional attorney and founding partner of HHJ Elliott Jung
Elliot H. Jung

Gerry Spence Trial Lawyers College

Elliot H. Jung is a trial attorney at HHJ Trial Attorneys who focuses on helping injured clients navigate complex personal injury cases. With an emphasis on advocacy, case strategy, and client support, he works to secure fair outcomes for people facing medical bills, lost wages, and other accident-related losses. His approach combines legal experience with a commitment to clear communication and effective representation.

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