The loss of a loved one caused by the negligent actions of an individual, institute, or even an organization can be tormenting. You will want to get justice for the demise of your family member by filing a wrongful death suit against the guilty persons.
A wrongful death lawsuit can be complicated to deal with, hence the need for contacting a wrongful death attorney. Below, we shall look at the most significant factors family members should be aware of before filing a wrongful death suit.
How to File a Wrongful Death Suit
What Is the Average Cost of a Wrongful Death Lawsuit?
Most personal injury cases are worked on a contingency basis. After the case comes to an end and the client receives the compensation they deserve, the lawyer will then receive payment. However, it’s important to ask your lawyer if they work on a contingency basis to avoid any future misunderstandings. Contingency is quite convenient as family members don’t have to worry about getting money to pay the lawyers while the case is still underway.
Process of Filing a Wrongful Death Suit
While thinking of filing a wrongful death lawsuit, it is important to note that not anyone can file this suit. That being said, it’s only the deceased’s spouse, the parent of the child, and an adult child of the deceased who can file a wrongful death lawsuit.
You should consider hiring a qualified legal representative as this process can be long, tedious, and confusing. Your lawyer will collect and analyze all the critical evidence before taking the matter to court.
Statute of Limitations
It’s important to note that different states have a set time frame through which an individual must bring a case. That is roughly a period of between one to two years. Once this time elapses, it’s hard to file a case and receive the compensation you deserve.
However, the guilty party will try to solve the matter outside court hence the need for a lawyer to determine the amount of settlement you deserve. Note that you cannot go to court to file for a case once you receive a settlement. Be very vigilant when making deals with insurance companies, especially without any legal representation.
Initiation of a Wrongful Death Suit
If you’ve determined that you have the legal right to bring a wrongful death lawsuit and that you’re still within your state’s statute of limitations, the next step is to file the necessary paperwork to start the civil action. A complaint or petition is typically filed as the opening document in a civil case. This document must serve as notice to the defendant of the factual and legal implications.
Wrongful death compensation is meant to pay the beneficiaries of the departed with the monetary value of what they may have reasonably expected to receive had their loved one not died. These include both economic and non-economic losses. A wrongful death claim does not have a definite amount of money that can be awarded.
A jury may award any damages they determine to be fair and just concerning the losses caused by the death. In a wrongful death case, some damages will only be paid to particular parties. Funeral and burial expenditures, for example, are often paid directly to the estate because they are costs imposed on the estate.
Do Not Negotiate with Insurance Companies
Insurance companies will always try to discredit one’s claims to avoid paying out compensation. Contact an experienced attorney to help you litigate your case.