What is Considered a Wrongful Death Lawsuit?
Generally, a wrongful death lawsuit is a legal process by which the family of a deceased person seeks financial damages for a deceased person's death. This includes monetary compensation for medical expenses, pain and suffering, and the loss of companionship. The family may also file for punitive damages to punish the person who caused the death.
Statute of limitations
photo by Danie Franco
Depending on your state's statute of limitations, you may have a longer or shorter time frame to file a wrongful death lawsuit. In some states, you can file as early as 90 days after the death of a loved one, while others require you to file within one year of the date of death. Regardless of the statute of limitations you are working with, you should always consult a wrongful death attorney before taking any action.
A wrongful death lawsuit can be a complicated process. If you file the right claim within the correct period, your case may be kept from the courtroom.
A wrongful death lawsuit does not happen overnight, and it can take months, even years, to get the facts in order and compile the evidence necessary to prove your case. The law protects you from being cheated out of the money you may be entitled to.
Damages awarded
Getting damages awarded in a wrongful death lawsuit can help ease a family's financial burden. While money can't bring a loved one back, it can help ease the emotional toll death takes on the family. Sometimes, a wrongful death lawsuit can compensate for lost wages, medical expenses, and burial costs.
A wrongful death lawsuit can be filed by an individual or family member. Some damages are available to surviving family members, such as pain and suffering, punitive damages, and loss of consortium.
Punitive damages are awarded in cases where the defendant's actions were egregious or reckless. This damage is intended to deter other individuals from engaging in similar misconduct. Punitive damages may also be awarded in cases where the defendant committed a negligent act that caused emotional distress to the deceased.
Pain and suffering damages are designed to help compensate those who have experienced emotional distress due to a loved one's death. The amount awarded for this type of damage can be substantial.
Filing a claim
photo by Tim Gouw
Obtaining compensation for wrongful death can be an incredibly difficult task. However, with the assistance of an experienced wrongful death lawyer, you may be able to achieve the financial recovery you deserve.
Generally, there are several steps involved in filing a wrongful death lawsuit. Depending on the nature of the claim, the process can take months or years.
The first step is to file a petition with the court. This document states the cause of action and provides notice to the defendant.
The second step is to file a demand letter. The demand letter should be addressed to the defendant's insurance company. The letter will specify the court location and notify the defendant of the lawsuit.
The process of filing a wrongful death claim can be extremely confusing. However, having an attorney can make the process easier for you and your family. An attorney can keep you informed of all deadlines associated with your case.
Settlements
Whether you are interested in filing a wrongful death lawsuit or are just wondering how much money you can get, it is important to understand what is involved in wrongful death settlements. There is no one-size-fits-all answer to how much money you can get, and you may not get what you were hoping for.
In a wrongful death settlement, a court will appoint a personal representative to represent the deceased's family. This person is usually a spouse, a parent, or a child. This person can then file a wrongful death lawsuit on behalf of all survivors.
Once a wrongful death lawsuit is filed, the parties involved must agree on how the settlement will be paid. The parties can receive the settlement as a lump sum or a structured settlement. A lump sum payment is usually made immediately, while a structured settlement is paid out over time.
Why Hire an Attorney for a Wrongful Death Lawsuit?
Getting compensation for a wrongful death lawsuit is not something that most people can do on their own. It is a complicated legal process and emotionally difficult to deal with. Luckily, a wrongful death attorney can make the process much easier. They are familiar with the tactics used by insurance companies to pressure surviving family members into accepting a lowball offer. They will also get you the largest compensation possible for your loss.
Although you might feel overwhelmed, don't worry; we are here to help. Attorneys with years of experience defending clients in wrongful death cases work for OUCH USA. Since we know the ins and outs of the personal injury system, we will fight to get you the most benefits possible. Please email us at hello@ouchusa.com or call us at +1-844-872-6824 for a free consultation so we can get you started on the path to recovery.