Most of the time, fatal accidents result in the loss of lives or damage caused to the automobile. Car accident victims may either die at the spot or recover after some months. And since the law has covered the field of all human endeavors, a civil litigation suit can commence if your loved one was killed in an accident based on the negligence or misconduct of another person. This is the law terms as wrongful death.
A trained Tampa wrongful death lawyer understands better to seek legal relief through the vehicle of a civil action rather than pressing criminal charges. The lawyer knows that the standard of proof in civil cases is lower than in a criminal case that often resorts to murder or manslaughter.
Summarized Essentials Of A Wrongful Death Action
Personal injury attorneys know that wrongful death lawsuit does not only emerge in car accidents. They know several other circumstances such as medical malpractice, toxic torts, manufacturing defects, or criminal activity may lead to a wrongful death suit. The procedure and criteria to bring a wrongful death lawsuit are different in each state, as each state has its own wrongful death statute. In a few instances, a state's statute may preclude certain agencies from prosecution for either a personal injury claim or a wrongful death lawsuit based on governmental immunity.
Factors To Consider Before Choosing A Wrongful Death Attorney
Choosing the right attorney for your wrongful death action can be quite daunting because you must be convinced he is an expert in Injury Law and either work in or runs a leading accident law firm. Find below the characteristics of an expert Tampa wrongful death lawyer.
- Unquestionable trial experience
An expert attorney versatile in wrongful death action will know that the deceased spouse or children can sue. And if not married yet, the parents can sue. In special cases, a state's law may allow other interested parties to sue the reckless party for wrongful death. Even though the standard of proof for wrongful death is low in civil proceedings compared to what obtains in criminal charges of manslaughter or murder, your attorney must be sound in furnishing the court with irresistible evidence. Sometimes the attorney might need to involve experts such as an economist or a medical doctor to help in proving your wrongful death action.
- The attorney must have conducted a similar case like yours before.
It is not enough that the attorney has enough litigation experience. What matters most is that the attorney must have conducted and won similar cases having the same or nearly the same facts as yours. That will make you rest assured of getting legal remedies from the court based on the attorney's relevant experience.
- The attorney must agree on contingency fees.
It makes more sense to work with an attorney who agrees to be paid when you have won the case.
- The attorney must have a track record of honesty and integrity.
You do want to sue a reckless party and win only to face another battle with your attorney arising from one discrepancy or another. Be thorough in choosing an attorney you can trust.
And if you're in dire need of an experienced Tampa wrongful death lawyer, you can count on us at Winters & Yonker. Call us and request a free consultation with an experienced personal injury lawyer.