Home | Business News | Browse by Publication | T | Trial

When your client is a grieving family: working with a family still reeling from loss while they are pursuing a legal case requires patience and sensitivity; while you cannot heal their grief, you can bring some order and closure to a difficult period in their lives.

Article Excerpt
Any personal injury case is likely to stir up stress, confusion, and anger, but in wrongful death claims, these emotions can become overwhelming for plaintiffs.

Lawyers and their staff can do a lot to help a grieving family through the litigation process. Above all, always keep respect for their dignity at the forefront of your communication with them. Remember, they, are dealing with two emotionally harrowing events at once: grief and litigation.

Remember, too, that everyone handles grief differently. Always be prepared for the unexpected, listen with sensitivity, and read between the lines.

One of the first things you must gauge is the purpose of the litigation: What does it mean to this family to bring a wrongful death action? The family's objectives can vary, depending on their specific situations. Are they seeking compensation to pay debts and medical bills or to replace the lost future earnings of a breadwinner? Do they want to punish whoever is responsible for the death? Are they seeking information, such as how exactly the accident occurred or what the doctor's error was? Some families pursue litigation as a way" to honor the memory of their deceased loved one.

Keep in mind that as the case evolves, the family's litigation goals may change and need to be revisited. A few years ago, we represented the family of Nathan Thomas, a 10-year-old boy who was taken hostage in his own home by a mentally ill intruder and was killed by the police officers attempting to rescue him. As the case progressed, Nathan's parents determined that rather than monetary compensation, what they wanted was for the city to pay for an independent investigation to find out what went wrong and what could be done to prevent similar tragedies in the future. We negotiated an outcome that included the investigation and a report to the city.

The personal representative

Choosing a personal representative for probate can...

View this article FREE - Now for a Limited Time, try Goliath Business News
Free for 3 Days!