Wrongful Death Lawyer

When your loved one dies after someone’s negligent actions, you deserve to be compensated for the financial losses you’ve experienced. While this isn’t going to bring your family member back, it can lessen the blow of everything you have to deal with as a result of the death. It’s important you speak with an attorney right away, as there are some rules and time limits you must abide by if you wish to receive the compensation you’re entitled to.

The Statute of Limitations

In every state, civil actions are given a time limit for when you are no longer allowed to file the claim. This time limit is called the statute of limitations, and it pertains to wrongful death cases. The time limit you have varies from state to state, so speaking with an attorney becomes even more important so you can understand the amount of time you have to get your lawsuit filed. For example, in Missouri, the statute of limitations for wrongful death is five years. Just over the border in Arkansas, someone would only have three years to file a wrongful death lawsuit.

The Discovery Rule

In many wrongful death cases, the surviving family members know at the time of death that the individual was the victim of a crime. Perhaps the deceased was in a car accident caused by a drunk driver. Maybe he or she died because a surgeon left a tool inside his or her body. These examples show situations in which family members would know at the time of death that the death was unnecessary.

There are other situations in which the surviving family members wouldn’t know right away the death was caused by a negligent individual. For example, if someone was found deceased and alone at home, but there were no signs of foul play, it may initially be determined he or she died of natural causes. Upon further inspection, and possibly years later, the authorities might come to you with evidence the death may have actually been intentionally caused by another individual. That would be the moment you “discovered” something wrongful had happened, and typically when the statute would begin.

What You Can Do Today

If you have missed the statute of limitations, or if your loved one just died, it may help to have an attorney by your side. There are some alternative options if you missed the deadline, and if you’re just in the beginning of the process, your lawyer can help it run more smoothly. Contact a wrongful death lawyer, like from Wiseman Bray, PLLC, today to get started.

If you are dealing with a wrongful death claim, you will need a lawyer. Some people are driven away from lawyers due to the high cost, but in the case of wrongful death and personal injury, you should think twice. Odds are you won’t have to pay right away. Most wrongful death lawyers accept contingency fees.

What Are Contingency Fees?

Your contingency fee agreement is the payment arrangement between you and your lawyer. This arrangement does not require you to pay any fees at the start. Instead, you will only pay when you receive your award. You and your lawyer will come up with a percentage and then the lawyer will take his or her cut out of the final reward. Most states determine the percentage of the fee. You should probably expect that the attorney will want around 30 percent of the final reward.

When Should You Expect Contingency Fees?

Almost all personal injury law lawyers require a contingency fee. You may be more familiar with criminal attorneys who tend to charge hourly for their services. When you deal with personal injury law or wrongful death claims, then you are likely going to be dealing with contingency fees.

If you need to file a lawsuit, then odds are you are in a financial bind. You lost finances due to the loss of another person. When your loved one dies, you could lose part of your income, companionship, and more. You have to spend money on funeral costs, medical bills, and other expenses associated with a person’s passing. In these cases, you may not have upfront cash to hire a lawyer. This is why a lot of lawyers offer their services for contingency fees. In addition to not having to worry about payment right away, you also have a lawyer who is going to advocate for you. After all, if you do not win, then he or she will not receive payment.

What Is in a Contingency Agreement?

Once you figure out the agreement, the attorney will pay all of the fees that are associated with the claim. These may be payments for medical records, filing fees, and payment of depositions. In some instances, he or she may even pay for an expert witness. If your lawyer is successful, the contract will state how much he or she receives.

When it comes to wrongful death, most people can afford to hire an attorney. After all, a contingency fee makes it easy to have a lawyer when you need one. For more information on wrongful death suits, sit down with a wrongful death lawyer, like a wrongful death lawyer in Houston, TX, as soon as possible.

 

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Thanks to John K. Zaid & Associates for their insight into contingency fees for wrongful death lawyers.