Losing a loved one is always devastating, but family members may want justice when it happens because of someone else’s reckless or intentional actions. A wrongful death lawsuit can help them obtain compensation for their loss.
However, this type of case takes time to resolve. Various factors influence the timeline, including the responsiveness of involved parties.
Damages
Losing a loved one is a harrowing event, especially when the irresponsible acts of another person cause the loss. Wrongful death damages offer survivors access to financial compensation that can help offset their losses and begin the healing process.
Economic and non-economic losses may be paid in a wrongful death case. Financial losses typically involve measurable expenses like funeral costs, hospital bills, and lost income. Non-economic losses include loss of companionship, loss of guidance from the deceased, and pain and suffering.
A jury determines the size of a damages award after hearing evidence. A judge will usually approve the jury’s decision. However, in exceptional situations, the court may alter the sum. Furthermore, the settlement amount might be liable to federal and state taxes. A lawyer can help you comprehend the tax implications. As a result, it is critical to deal with an experienced wrongful death attorney.
Timeline
Wrongful death lawsuits differ from personal injury cases and can take a long time. The length of the timeline depends on a variety of factors.
For example, a case could take longer if the defendant or insurance company is uncooperative or disputing fault for the accident. This can add several months or years to the total duration of the lawsuit.
Other factors that affect the timeline include gathering and assessing evidence, deposing witnesses and key players, and building strategies to win the case. Getting a reasonable settlement is also important for the grieving family. Nothing feels like a slap in the face to family members of a loved one more than accepting a low offer from an insurance company. An experienced lawyer like Killian, Davis, Richter, and Kraniak, PC can ensure that the family gets the compensation they are owed. In addition, they can help with other legal matters associated with the claim. This can help families focus on healing during a difficult time.
Statute of Limitations
Understanding how the statute of limitations applies in a wrongful death case is critical. Every legal claim has a time limit, or “statute of limitations,” within which it must be filed, or else the plaintiff will be barred from moving forward with their case.
This is vital because pursuing a claim after the statute of limitations has expired can significantly hinder your chances of winning a case. In addition, credible evidence may disappear, and potential witnesses’ memories can fade over time.
In wrongful death lawsuits, the statute of limitations usually begins when your loved one dies. There are, however, a few exceptions. For example, if the death was caused by medical malpractice, the case may be subject to different criteria. In this scenario, the statute of limitations may begin when the family becomes aware of the negligence rather than when your loved one dies.
Representation
While wrongful death laws differ by state, most legislation acknowledges that survivors are entitled to compensation for their losses due to the carelessness of another person or corporation. These losses can include funeral expenses, pain and suffering and other damages. Survivors may also be entitled to punitive damages where the defendant’s actions were reckless or intentional.
Wrongful death cases involve a wide range of issues that can be complicated to understand. A personal injury lawyer can guide victims and their families through these challenges.
Many wrongful death claims involve multiple plaintiffs. These parties typically include domestic and life partners, financial dependents, putative spouses, adult children and parents. Often, these groups are split into classes depending on their relationship to the deceased. This can make it difficult for one lawyer to represent the interests of everyone involved without conflict. An experienced attorney can help ensure that all beneficiaries receive their fair share of compensation.