Wrongful Death Attorney

If you recently lost a loved one because of someone else’s actions, you might qualify for a wrongful death lawsuit. The unexpected passing of a loved one can take a toll on a family in many ways. You might have suffered from grief, trauma, or even financial hardship. 

You may be able to recuperate your expenses and give yourself a financial cushion if you file a wrongful death case. However, some people hesitate to contact a wrongful death attorney. This makes sense. If you’re not sure what they do, then, how do you know that an attorney can actually help you?

To provide some clarity, here is everything you need to know about a wrongful death attorney and how they can help with your case. 

Determine Case Eligibility

Before filing a wrongful death claim, it must be determined whether or not your case qualifies.

A good lawyer in Orange County will meet with you and go over the details of the case together. During this consultation, you’ll have an opportunity to ask questions. Also, the wrongful death attorney will let you know if you have a good case.

At this point in the process, neither you nor the lawyer is obligated to pursue a partnership with the other. Typically, this initial case assessment, is a no-obligation meeting. Therefore, if you do not like the firm, you do not have to work with them. 

Likewise, the law firm doesn’t have to represent you if they don’t think you have a strong case.

Conduct Investigation

Once you and an attorney agree to work together, your case can begin development.

Before filing a claim, an investigation will be conducted. This might include interviews with witnesses, medical professionals, friends, and family members. If applicable, your attorney may also ask to see medical records or bills. They may also call on experts to weigh in on certain aspects when necessary.

They will establish a detailed understanding of the case. This includes what went wrong and how the other party’s negligence caused the fatal accident.

As such, you should keep as much information and evidence on hand as possible. This is beneficial for your case. 

File a Claim

After the initial investigation, the lawyer will notify the other party of their intent to file a lawsuit. 

Once the other party has been informed, they have the opportunity to get a lawyer and discuss a settlement. Often, the defendants will try to settle before the litigation begins. 

However, do not agree to their terms until you have consulted with your wrongful death attorney. If you receive a settlement offer, your wrongful death lawyer will go over it with you and advise you on what to do.

Write the Complaint

All lawsuits open with an official “complaint,” which is a written document filed with the court. The wrongful death attorney will write your complaint, stating all of their initial legal arguments and naming the defendants. 

The defendants will have the opportunity to respond or even to try to get the case thrown out. If the judge chooses to not throw out the case, you will move into the next phase: discovery.

Oversee the Discovery Phase

During discovery, both sides investigate the case. Your attorney and legal team will dig deeper into the details and may ask for more information, interviews, and documentation.

Likewise, the other side will also look into the evidence. They may conduct interviews and gather their information in the same way.

Also, in wrongful death lawsuits, each side must share its findings with the other. This ensures the fairest outcome.

Handles Legal Proceedings

Neither side wants the case to end in a hearing. As such, they will do their best to reach a settlement before their court date. 

Settlement offers can come any time during the discovery phase. Each time, your wrongful death lawyer will help you review them and give you advice. Therefore, you can negotiate a settlement that works for you and avoid taking less money than you deserve.

Litigation

Many cases settle before going to court. However, if your case must go in front of a judge, your lawyer will be right there with you. Each side will have an opportunity to present their legal arguments. By this point, your attorney will have enough information to make the best possible case for you. 

The judge will then issue a verdict which both parties have to abide by. If you win your case, the other party will have to pay you the amount specified in the ruling. Then, your lawyer will take a percentage of the winnings as their payment. This percentage is decided on before you sign your contract.

If you lose, most wrongful death lawyers won’t require you to provide them with payment.

Hire a Wrongful Death Attorney in Orange County

A wrongful death attorney has dedicated their career to serving people like you and helping them get the compensation they deserve. In fact, some lawyers have even won millions of dollars for their clients throughout their careers. 

While no amount of money can compensate for a loved one’s passing, this opportunity allows you to build a stable financial future for yourself and the rest of your family.

Therefore, it’s important to hire the best wrongful death lawyer in Orange County for your case. AT The Law Offices of Daniel Kim, our team is ready to assist you. We are available to serve you 24-hours a day, seven days a week. 

Contact us with questions and to schedule a free consultation.