Frequently Asked Questions

In a Wrongful Death Case, the Client Has to Be Entitled to Assert a Claim on Behalf of the Deceased

Wrongful death cases have certain requirements that other types of cases do not. It’s based under the applicable law for those kinds of cases. The first question I ask when there’s a wrongful death case is who is going to be my client? This is because I have to establish that the client is someone that can assert a claim on behalf of the deceased.

If the person is one that can assert a claim then, of course, I need to still go through the same analysis I would for a regular accident case.

The Case Is Analyzed and Fault Is Determined

Then, of course, assuming that we can prove that it’s the fault of someone else that caused the death, I would want to see, of course, who caused the death. Do they have insurance? How much is the insurance policy limit? Is a company with sufficient assets somehow responsible or is their employee or agent responsible?

We want to see if the full value for the loss can be recovered. If it’s an individual, for example, that caused a wrongful death, it may be difficult to recover the full value of the case from them personally if they lack sufficient assets or insurance coverage or were not acting while in the course and scope of employment.

The Law Allows Family Members to Be Compensated for the Loss of the Loved One’s Companionship and Support

The law allows for compensation to the appropriate family member or members of the deceased due to the loss of the deceased’s companionship, society, love, affection, and support.

It Is Important in Wrongful Death Cases for the Attorney to Convey the Extent of the Emotions Experienced by Family Members after a Loss

I know it must be tough but how do you help remove the emotional aspect from that with a client?

I do feel like the emotional aspect is important. It is especially important when you’re dealing with a serious injury case or a wrongful death case.

I want to have a connection with the client to really understand what they’re feeling and try to walk in their shoes to some extent, although you can never fully do that. You want to see or try to feel what they’re experiencing and how the loss has affected their life.

I think if you do that you’re going to be a better advocate for your client. You try to present that or convey that to the other side and to a jury if necessary.  I think that’s very important.