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07 Jul, 2023 by Zera
I never write reviews, but make an exception because David Abeyta and his law firm deserve an excellent review. My husband was the victim of a dog attack in 2022. We’ve lived in a quiet Ellensburg neighborhood for about 15 years and my husband uses a walker. When he exited our fenced area to our mailbox on the street, a neighbor’s dog came out of nowhere from behind, and threw my husband to the pavement, leaving him immobile with a broken pelvis and in extreme pain. He spent two weeks in the hospital and it took him a good six months to recover. We sought legal help from Abeyta Nelson, and David and his staff did an excellent job.
People sometimes think they can do everything themselves and don’t need a lawyer or think it will cost too much. But someone in an injury crisis may not have good judgment when upset and distracted. Good legal representation is needed and is well worth the cost of the services.
Insurance companies often pressure people to settle quickly for a low dollar amount, before the full extent of injury is known. Settling too quickly can be a serious mistake.
Here are the reasons I chose Abeyta Nelson to help us through this crisis to a good settlement figure:
1) When my husband was injured and in the hospital, I knew I was not in the right mental state to use good judgment;
2) I wanted specialized legal help from a law firm focusing on and current in this area of law with a good understanding of what a reasonable settlement should be;
3) The Abeyta Nelson firm specializes in personal injury.
4) The firm has an Ellensburg office, which made communications easier for me while caring for my injured spouse;
5) The firm has an excellent reputation and has secured many high-dollar settlements and judgments;
6) David and his staff were courteous and responded quickly to my calls;
7) David is very experienced in this area of law;
8) David personally visited with us several times, both on the phone and in person, including making trips to our home when needed;
9) David understands the administrative and legal complexities of working with insurance companies (including Medicare) and how long it takes to finalize billing;
10) David and his staff successfully interfaced with Medicare and our supplement provider to take the administrative burden off me while caring for my injured spouse – to me, that alone was worth the reasonable cost of the legal services;
11) I knew that if David could achieve a good settlement figure it would spare us the extra stress, uncertainty, time and expense (deducted from any judgment) involved with going to trial;
12) But I also knew that if the insurance company was unwilling to settle with a satisfactory sum, the firm is well known and respected, and David wouldn’t hesitate to take the matter to trial. Insurance companies know this too – they know they can’t manipulate the victim to a low settlement when dealing with a firm of the Abeyta Nelson reputation.
13) Having a lawyer represent us took the stress and pressure off me so I did not have to talk to the other party’s insurance representative, deal with insurance issues, or make difficult decisions without competent advice.
It took over a year during recovery working with David and his staff to finalize our case, but David secured a very attractive settlement. While one hopes never to be injured and need legal help, if you need competent, trustworthy, caring, experienced and respected legal representation, I highly recommend David Abeyta and his firm.
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15 Aug, 2022 by Lyle prescott
I was watching TV when an uninsured motorist crashed into my home. The car struck the chair I was sitting in. I was rendered unconscious and received whiplash and a serious concussion. My daughter contacted David Abeyta.
The driver was uninsured and I Truly didn’t expect any financial help, as I was renting and had no rental insurance.
David secured payment of the full amount of the uninsured motorist coverage of my car insurance.
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16 Sep, 2021 by Anonymous
David and his team exceeded all of the expectations that I had. They took time to explain the how we were going to do things and why. They were very helpful during a tough time and made my life much easier. I would recommend David to anyone in the area.
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09 Apr, 2018 by Dennis
I was given his name after looking up workers comp. attorneys on the AVVO website. Unfortunately he doesn't handle workers comp. He was professional sounding and even made a helpful suggestion, even though I could not hire him. Thanks Bryan.
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27 Feb, 2015 by Michael
July 13th 2013 I was run over riding my Harley motorcycle. I went online to Tamaki Law the night I came home from the hospital to request a consultation and Bryan came out to my house to see me the next morning. My injury was severe. A trauma fracture of my left leg, requiring a metal rod screwed into my leg bone. That left me unable to walk on my own for almost a year. I had just started a new job with new insurance. Bryan protected me from creditors, helped keep my job and encouraged my own insurance company to stand up and take care of me while I was out of work for 13 weeks. This was the 1st time I had to have legal representation. I knew I needed it due to the seriousness of my accident. My family and I went through the toughest time in our history. The good thing is that we had Bryan to help us navigate through this ordeal. He put up with my ranting, frustrations and anger. All with personable and professional counsel.
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16 Jan, 2014 by Jason
Bryan was a fantastic attorney to work with. I had been involved in an automobile accident and had tried to handle everything by myself for the first couple of years. When things started to get complicated, I contacted Mr. Smith, because I had heard such fantastic things about him. They were all true. Bryan came into a situation that I had compromised on many different levels trying to handle it myself and was able to clean up my mess, get everything on track, handled everything in a very timely manner and got me a fantastic settlement that I never would have gotten by myself. Down to earth, normal guy that you can feel very comfortable speaking with. The epitome of professionalism and dedication to his clients.
You can't do any better that Mr. Bryan Smith
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FAQs
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What a Wrongful Death Lawyer Can Do for You
A wrongful death lawyer specializes in representing families who have lost a loved one due to the negligent, reckless, or intentional actions of another person or entity. These lawyers help families seek compensation for the emotional and financial losses associated with the untimely death of a loved one, including medical bills, funeral expenses, lost income, loss of companionship, and pain and suffering. Wrongful death claims can arise from various situations, including car accidents, medical malpractice, workplace accidents, and criminal actions.
If you have lost a family member due to someone else’s wrongful actions, a wrongful death lawyer can help you navigate the legal process and pursue justice on behalf of your loved one.
When Should I Hire a Wrongful Death Lawyer?
You should consider hiring a wrongful death lawyer if a loved one has died as a result of someone else’s negligence, recklessness, or intentional harm. Some common reasons to hire a wrongful death lawyer include:
- Car accidents: If a loved one was killed in a car, truck, or motorcycle accident caused by another driver’s negligence (e.g., reckless driving, DUI, or distracted driving), a lawyer can help you file a wrongful death claim.
- Medical malpractice: If a loved one died due to medical negligence, such as a misdiagnosis, surgical error, or medication mistake, a wrongful death lawyer can help you pursue compensation from the healthcare provider.
- Workplace accidents: If your loved one died in a workplace accident or due to unsafe working conditions, you may be entitled to compensation from the employer or third parties responsible for the unsafe conditions.
- Defective products: If a defective product caused your loved one’s death, a lawyer can help you file a wrongful death claim against the manufacturer or distributor of the product.
- Criminal actions: If your loved one was the victim of a criminal act, such as homicide or assault, a wrongful death lawyer can help you pursue a civil claim for damages, even if a criminal case is also ongoing.
- Nursing home negligence: If an elderly loved one died due to neglect or abuse in a nursing home, a lawyer can help you hold the facility accountable for their wrongful actions.
Hiring a wrongful death lawyer soon after the incident ensures that important evidence is preserved and that you can meet any legal deadlines for filing a claim.
What Does a Wrongful Death Lawyer Do?
A wrongful death lawyer provides a wide range of services to help families navigate the legal complexities of a wrongful death claim and seek compensation for their losses. Their responsibilities often include:
- Investigating the death: Conducting a thorough investigation of the circumstances leading to your loved one’s death, gathering evidence such as medical records, accident reports, and witness statements.
- Establishing liability: Identifying who is legally responsible for your loved one’s death, whether it’s an individual, company, or government entity, and building a case showing how their negligence or wrongful actions caused the death.
- Calculating damages: Helping you determine the full extent of your financial and emotional losses, including funeral expenses, medical bills, lost income, loss of companionship, and pain and suffering.
- Filing a wrongful death claim: Preparing and filing the necessary legal documents to initiate a wrongful death lawsuit within the statute of limitations in your state.
- Negotiating settlements: Working with the responsible party’s insurance company or legal team to negotiate a fair settlement for your losses.
- Representing you in court: If a settlement cannot be reached, representing you in court by presenting evidence and making legal arguments to support your case.
- Handling legal deadlines: Ensuring that all legal filings are completed within the deadlines set by your state’s statute of limitations for wrongful death cases.
How Are Wrongful Death Lawyers Paid?
Wrongful death lawyers typically work on a contingency fee basis, meaning they only get paid if they win or settle the case. Here’s how it generally works:
- Contingency fee: The lawyer’s fee is usually a percentage of the total settlement or damages awarded, typically ranging from 25% to 40%. You won’t have to pay any upfront fees, and the lawyer only gets paid if they successfully recover compensation for you.
- No fee if no recovery: If the lawyer does not win or settle your case, you generally won’t owe them any legal fees.
- Case expenses: In addition to the contingency fee, you may also be responsible for reimbursing the lawyer for case-related expenses, such as court costs, expert witness fees, and investigation costs. These expenses are typically deducted from the settlement or award.
It’s essential to discuss the fee structure with your lawyer during the initial consultation to ensure you understand how much you will owe if your case is successful.
How Much Does a Wrongful Death Lawyer Cost?
The cost of hiring a wrongful death lawyer is usually based on a contingency fee structure, meaning you only pay if the lawyer recovers compensation for you. General cost estimates include:
- Contingency fee percentage: Most wrongful death lawyers charge between 25% and 40% of the total settlement or court award. For example, if you receive a $500,000 settlement and the lawyer’s fee is 33%, the lawyer would receive $165,000, and you would keep the remaining $335,000.
- Case expenses: In addition to the lawyer’s fee, expenses such as court costs, expert witness fees, and investigation costs may be deducted from the settlement or award. These expenses can range from $5,000 to $50,000 or more, depending on the complexity of the case.
Make sure to ask your lawyer for a clear explanation of their fees and case-related expenses before proceeding with your wrongful death claim.
Top Questions to Ask a Wrongful Death Lawyer
Before hiring a wrongful death lawyer, it’s important to ask the right questions to ensure they have the experience and resources to handle your case. Key questions to ask include:
-
What experience do you have with wrongful death cases?
Ensure the lawyer has successfully handled cases similar to yours, whether it’s medical malpractice, car accidents, or workplace deaths. -
How do you charge for your services?
Clarify the lawyer’s contingency fee percentage and any additional costs, such as case expenses, that you may be responsible for. -
What is the likelihood of success in my case?
Ask the lawyer for an honest assessment of your case and any potential challenges that could affect the outcome. -
How long will the process take?
Wrongful death cases can take time to resolve, so ask how long the lawyer expects the process to last, from filing the claim to reaching a settlement or going to trial. -
Will you handle my case personally?
In larger firms, junior attorneys or paralegals may handle parts of the case. Make sure you know who will be managing your case and representing you in court. -
What types of damages can I recover?
Ask the lawyer to explain the types of compensation you may be entitled to, such as medical bills, funeral expenses, loss of income, and emotional suffering.
How to Check the Credibility of a Wrongful Death Lawyer
To ensure you are hiring a reputable wrongful death lawyer, take the following steps to verify their credentials and track record:
- Verify their bar status: Check with your state bar association to confirm that the lawyer is licensed to practice and has no history of disciplinary actions.
- Look for wrongful death experience: Review the lawyer’s website or professional profile to ensure they specialize in wrongful death cases and have successfully handled cases like yours.
- Read client reviews and testimonials: Look for client reviews on platforms like Avvo, Martindale-Hubbell, or Google to see what previous clients have said about the lawyer’s professionalism and success rate.
- Ask for references: A reputable lawyer should be able to provide references from past clients who have worked with them on wrongful death cases.
- Check for certifications or memberships: Membership in organizations like the American Association for Justice (AAJ) or local bar associations can indicate the lawyer’s dedication to wrongful death and personal injury law.
What Should I Prepare for My First Consultation?
To get the most out of your first consultation with a wrongful death lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:
- Death certificate: Bring a copy of your loved one’s death certificate, as this is a key document in wrongful death cases.
- Medical records: If applicable, bring your loved one’s medical records, autopsy reports, or any documentation of their medical care leading up to their death.
- Accident or incident reports: If the wrongful death resulted from an accident, bring any police reports, accident reports, or workplace incident reports.
- Financial records: Provide documentation of your loved one’s income, benefits, and financial contributions to the family to help calculate economic damages.
- Correspondence: Bring any communication you’ve had with the responsible party, their insurance company, or legal representatives.
- List of questions: Prepare a list of questions for the lawyer about the legal process, potential outcomes, and fees.
- Timeline of events: Be ready to provide a clear timeline of the events leading up to and following your loved one’s death.
By preparing thoroughly for your consultation, you can help the lawyer assess your case more effectively and provide the best possible legal advice.
