Do you need a Lawyer After a Wrongful Death?

Do you need a Lawyer After a Wrongful Death? is a post from: http://www.personalinjurylawyercalgaryinc.ca/

After you lose someone you care about and love, it is hard to even know what to do, where to go, or how you will make it without them. With all the heartbreak and pain you feel, you have so much to do: write an obituary, plan the funeral, making insurance claims for the funeral, and making visitation plans. I am very sure that the last thing on your mind is finding an attorney, but any good attorney will tell you that is what you need to do as soon as possible in order to ensure the rights of every person that loves and was reliant on the person or people that died. There are four reasons to find an attorney as soon as possible after your loved one dies, and the first one has to do with evidence.

The first reason to hire an attorney as quickly as possible is the preservation of evidence. The police will probably be investigating, but if it appears that there was no criminal activity, they may close the investigation. The police may not secure all of what you need to proof who is at fault for you to use in a non-criminal court hearing. They may even try to say that your loved one was to blame. Despite what law enforcement says, there could be evidence that goes above and beyond what the law enforcement is knowledgeable about like deficiencies in the automobile or the road that could be the fault of the vehicle manufacturer, the town, or the Province that takes care of the roads. An attorney can hire an independent investigator immediately as well as a accident reconstruction expert in the right case. The attorney will take the right steps to ensure that the evidence is not ruined-even by an accident. The attorney can do all of this behind the scenes while you function daily the best way that you know how. The second reason to hire an attorney after a wrongful death is to get legal advice.

The second reason to obtain an attorney immediately is to get advice on who to speak to about the accident and what you should say or not say. In a vehicle accident, you will deal with only your own No-Fault insurer, but the insurer for the other driver could may attempt to contact you, as well as law enforcement and the coroner. People may also say that your loved one was at fault to lower the amount of compensation that you would get. Your attorney will assist you in determining what people you should talk to and what you should tell them. Do not speak to anyone involved in the case until you have spoke to an attorney, any attorney. The third reason to obtain an attorney is to ensure that no deadlines are missed.

Your attorney will make sure that you do not miss any important deadlines. Right after you get your attorney, they are responsible to you to let you know how long you have to file a lawsuit to protect your family’s rights. Everyone would rather settle their case outside of a courtroom at some point, but it does take time to get the information that is needed to back up your family’s claim. Meanwhile, if the time limit for for filing a claim comes and goes prior to filing a lawsuit to help you and your family, your family could lose any rights that they have to compensation. In a wrongful death case, the time frame could only be ten months after the loved one dies. The last reason to have your own attorney is that they can assist you with situations that are special to your own case.

The fourth and final reason to obtain an attorney immediately is that you can have your many legal questions answered by a skilled attorney that will consider any special circumstances in your case. The internet has a lot of helpful information on it, but it will not be individually tailored to your needs. Will any lawyer be able to help you is what I am going to discuss, since I did mention that earlier in the article.

I know I did mention hire any lawyer as soon as possible. You are probably thinking that some attorneys are better than others just like with doctors, dentists, plumbers, and waiters, and you are very correct. Obtaining a good attorney is vital when it comes to the compensation portion of the claim. After you have received the initial legal assistance that you need, you may then choose to reconsider the attorney you have chosen and find one that is a better fit for your case and individual needs. There are other reasons that you will want to make sure the attorney you hire is the right one for you.

Another reason you want to ensure that your attorney is right for you is that you only have one chance to get full compensation. It is like when you go to court, the decision is final. You cannot file another court case if the money runs out. This is one reason obtaining the right attorney is very important.

Also, and you will not find this documented anywhere, the amount of compensation you will get depends on what your attorney feels that your family deserves and not what you actually deserve. The reason for this is that in our legal system there is no set dollar amount for compensation except in Worker’s Compensation cases. There are some exclusions to the rule, like the fixed grievance awards in Alberta and other two Provinces. Even in these Provinces, other compensation dollar amounts are not pre-set. The truth is that every case depends on the particular circumstances of the case and so there have been a large range of court decisions where the surface looks very much the same. An attorney can advise settlement over a large range and still be “right.” It is more simple to settle at the smaller dollar amounts of course. It takes a lot more talent and time to win higher amounts. A lot depends on if the attorney is ready and able to take the through the whole court process (including a jury trial). Attorneys that usually settle get lower settlement offers. Attorneys that take the cases to trial obtain additional respect from insurance companies and other judges. The ones that will go all the way will request and get higher settlement offers. You can also switch attorneys without it costing you anything if you do it right.

If you handle changing attorneys properly, it will not cost you anything. Your attorney will have asked you to sign a contingency fee agreement. They usually state that if you no longer need and/or want the attorney, you will pay the attorney their hourly rate for the work that they have done up until that date. On the other hand, and this is something you will not find in writing, if you have a good claim, other lawyers will be happy to represent you and will agree to look after the first lawyer’s fees so you don’t have to. Always be sure to discuss with your attorney any concerns that you have. If you are going to hire another attorney, talk to the other attorneys first. You may see that you like your original attorney better and decide to stay with them. If you do decide to get a new attorney, reach an agreement with the new attorney that all fees and costs that you acquire from the first attorney will be taken care of by them. Be sure to obtain that in writing. The new attorney will take care of anything else, including letting the old attorney know that their services are no longer needed and setting up to get your file from them.