- Wrongful-death laws vary significantly by jurisdiction.
- Not every family member necessarily has the same legal rights.
- Estate claims can differ from wrongful-death claims.
- Probate issues can become involved.
- Multiple beneficiaries may have competing interests.
- Insurance limits matter. Multiple defendants may exist.
- Government entities can have special rules.
- Medical malpractice can involve additional requirements.
- Evidence should be preserved immediately.
- Witness memories can fade.
- Accident reconstruction may be necessary.
- Economic damages can require financial experts.
- Future income may be considered.
- Loss-of-support calculations can be complicated.
- Funeral expenses may be recoverable depending on law.
- Non-economic damages vary by jurisdiction.
- Some jurisdictions impose statutory caps.
- Settlement allocation matters.
- Liens can reduce net recovery.
- Contingency agreements should be understood.
- Ask whether the firm actually litigates wrongful-death cases.
- Beware guaranteed settlement figures.
- Ask who will communicate with the family.
- Biggest mistake: treating wrongful death as simply a larger personal-injury claim.
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