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In a wrongful death lawsuit the victim’s family is entitled to monetary damages as a result of the defendants conduct if the decedent was killed because of negligence or other liability on the part of the defendant. When you hire a wrongful death attorney you are hiring someone that is going to be working with you and your family for some time to come. You need to take careful consideration in choosing what firm you want to deal with. That firm must be able to guide you through this difficult time and take care of all upfront expenses necessary for the team of lawyers, paralegals, and clerks to prepare and successfully litigate your case.
There are a number of things that a firm must accomplish as soon as they start working on your wrongful death claim:
- Ensure that a personal representative for the estate has been appointed and that the probate estate has been opened whenever required.
- Determine who is at fault.
- Decide whether to file in state or federal court.
- Determine which “notice” provisions are required.
- Develop a discovery strategy.
The wrongful death attorney carefully balances the applicable states’ laws, the profiles of the judges who might hear the case and the jury makeup of the various courts in which the suit may be filled. Only after careful analysis of these factors can the attorney make an appropriate decision on where the claim should be filed to best suit the family’s particular needs.
Baum, Hedlund, Aristei & Goldman attorneys have years of experience dealing with legal representatives for the defendants and their insurance companies who have years of experience in just this area of law. Given the opportunity our attorneys will level the playing field and provide you with the same quality of legal representation.