The loss of a loved one attributed to the negligent actions of an individual, institute, or even an organization can be quite 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 suit can be complicated to deal with, hence contacting a wrongful death attorney. Below, we shall be looking at the most significant formations family members should be aware of before filing for a wrongful death suit.
How to File a Wrongful Death Suit
1. What Is the Average Cost of a Wrongful Death Lawsuit?
Most personal injury cases fall under a contingency basis. After the case comes to an end and the client receives the compensation they deserve, that is when your lawyer will receive payment. However, it’s essential 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 this money to pay the lawyers. You should however consult with your lawyers about contacting a presettlement funding company in Las Vegas before you get compensated for your loss.
2. 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; with that said, it’s only the deceased’s spouse, the parent of the child, and an adult child of the deceased that can file for a wrongful death lawsuit.
You should consider hiring a qualified legal representative as this process can be long, tedious, and many legal terms an individual might not understand. Your lawyer will collect and analyze all the critical evidence before taking the matter to court.
3. Statute of Limitations
It’s important to note that different states have a set time frame through which an individual must file for a case. That is roughly a period between one to two years; once this time elapses, it’s pretty hard to file for 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 compensation. Be very vigilant when making deals with insurance companies, especially without any legal representation.
4. 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 inside 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.
5. Available Compensation
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 defined amount of money that can be awarded. The overall measure of settlement given to the deceased person’s estate will vary depending on the facts and circumstances of each specific incident.
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 are only to 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 the Insurance Companies
Insurance companies will always try to discredit one’s claims to avoid giving compensation. Contact an experienced attorney to help you litigate your case for you.