After a loved one’s death, likely the last thing you want to deal with is the legal process. The legal process is known to be ruthless. And after a death in the family, you may be just looking for some peace. Our wrongful death lawyers have handled countless cases like yours since our founding in 1954. We understand what you are going through and are here to help. So, why hire a DC wrongful death lawyer? An attorney brings a deep understanding of the legal landscape in Washington, D.C. Beyond that, an effective death attorney brings a compassionate approach that encompasses a wide range of what you need while going through the process. First, we know that you need to set up an estate. Having the court appoint a personal representative for the estate allows your loved one’s right to compensation to survive beyond their death.
This is known as a survival action and is complimentary to your wrongful death claim. If you are seeking a wrongful death action, you must be a spouse, parent, or child of the decedent. Otherwise, the Wrongful Death Act in Washington, D.C., prohibits you from making a claim. While this may seem unfair, its purpose is to limit the number of potential claimants for a singular act of negligence against one person. On the other hand, if you believe you still may be entitled to make a claim, choose a lawyer who can assist.
The role of a DC wrongful death lawyer is to fight for your rightful compensation and do so professionally, effectively, and ethically.
When wondering why you should hire a DC wrongful death lawyer, consider the breadth of legal knowledge necessary to make your case. Wrongful death cases are complex. The liability portion of any personal injury case can be challenging. We often must hire expert witnesses to establish liability by a preponderance of the evidence. However, what makes a wrongful death case particularly unique is the damages. Valuing a lost life is frankly impossible. There likely is nothing a parent would not do to get their child back. For a jury of strangers to place an arbitrary number on the life of the lost family member seems dehumanizing. However, civilly, that is the best we can do. If the tortfeasor commit a criminal act, the state will prosecute the defendant for their actions. The criminal case is separate from the civil case.
Even if the defendant is found not guilty in a criminal trial, that does not mean you cannot recover from them civilly. This is when the role of a DC wrongful death lawyer comes into play. Note that the rules and standards of proof are different for civil cases than criminal.
When wondering why you should hire a DC wrongful death lawyer, note that a skilled attorney will thoroughly investigate your case. This means we will collect evidence that can support your claim. Evidence is a critical component of any case. There are certain pieces of evidence that we need you to gather at the scene. This may be contact information of witnesses or photographs of obstructions and property damage. But beyond certain pieces of evidence that will otherwise become lost, a resourceful attorney can collect video footage, utilize a police report, hire a private investigator, request body camera footage, dash camera footage, and more.
If you are unsure how to do this or if a nearby company that has video footage is uncooperative with your requests, an attorney can help.
When wondering why you should hire a DC wrongful death lawyer, consider the aspect of negotiating a settlement. Many understand that litigating a case is complex as it requires knowledge of civil procedure, courtroom etiquette, examination of witnesses, and more. However, some believe themselves to be skilled negotiators. And in many aspects of life, they likely are. However, evaluating and negotiating a wrongful death case is a different beast. First, a plaintiff must have a thorough understanding of the applicable law. This can only be acquired from decades of experience handling cases like this. But just as importantly, a layperson does not have leverage.
As mentioned, litigating a wrongful death case involves a litany of complexities, from organizing your witnesses to knowing which court to file suit in. The defense counsel of the other side that you would be negotiating this understands this, as does anyone else. They know that you will be in trouble if you file suit without experience. Thus, it is fair for them to assume that you will not file suit, even if you say you will. Accordingly, you have no leverage in your negotiation. A negotiation without leverage is fairly worthless.
After explaining why you should not proceed without hiring a DC wrongful death lawyer, here are the benefits.
An attorney understands how to value a case. Our Gelb & Gelb attorneys also understand how to maximize your compensation. By understanding what aspects of damages the law considers, we can press these critical points at trial. Moreover, our skilled attorneys are highly proficient negotiators who know how to get you the compensation you deserve. By thoroughly understanding the DC jury pool, we know what a local jury would award you. Accordingly, we know how much to press in our negotiation.
Gelb & Gelb, P.C. was founded in 1954 by Joseph D. Gelb. Mr. Gelb established himself as a preeminent force in the courtroom. While most 97% of cases settle outside the courtroom, trial experience is still vital. A top-level litigator will demand more from the insurance company in a settlement negotiation because their reputation tells the insurer that they may be paying more regardless. On the other hand, a trial lawyer with no experience may not receive the same deference in negotiation. Accordingly, that lawyer may receive lower settlement offers and ultimately get less compensation for their client.
The DC wrongful death lawyers at Gelb & Gelb understand the local court system and the tactics employed by insurance companies in the area. It is ubiquitous advice throughout the U.S. that you should hire a local attorney to handle a matter. A local attorney knows the jury, knows what their preferences are, knows the judges, and knows the regional rules and procedures. Every jurisdiction is nuanced. What works in one courtroom may not work in another.
This familiarity can be crucial in anticipating challenges and effectively navigating a complex matter. For example, while Washington, D.C. offers no-fault coverage for accidents, the general advice is that a plaintiff should not use their no-fault coverage (PIP) because it will bar a third-party claim. And most of the time, this is true. However, if the plaintiff’s damages exceed the insurance policy’s limit, the plaintiff may make both a PIP and third-party claim. This is a narrow exception and is hidden in the DC statute. It is complex enough that even other DC attorneys frequently call our office to clarify this complex law.
When wondering why you should hire a DC wrongful death lawyer, consider how to select the right attorney for your case. The right attorney for you has to be one you feel comfortable with.
Contact our office for a free consultation if you have any questions regarding a wrongful death claim. Our leading injury lawyers are available 24/7 at (202) 331-7227.