Understanding Wrongful Death Claims and Compensation

According to the Centers for Disease Control and Prevention (CDC), there were 222,698 preventable deaths in 2023, making it the third leading cause of death in the US.

An unexpected loss of a loved one is hard to bear. But settling a wrongful death should be done at the soonest possible time.

The immediate surviving family members are the ones entitled to file claims for the deceased, says Georgetown wrongful death attorney Stephen Stewart. 

Let’s discuss some key elements of wrongful death claims that might affect the future of your family.

What Is a Wrongful Death Claim?

Wrongful death claims happen when an individual causes the death of another due to negligence or intentionality. In this case, surviving family members of the deceased are allowed to sue for damages in the courts.

You need an understanding of negligence to file a wrongful death action. You might ask, what is negligence exactly? This definition could be, and is not limited to, such things as reckless driving, medical negligence, and defective products. The wrongful death suit varies in terms of seeking damages for funeral costs, disposable income, and mental pain.

You must present relevant evidence and documentation to establish your case requirements. A wrongful death attorney will assist you through all legal challenges to achieve your goal of winning your case. Through its understanding, the process helps you obtain justice for the death of your family member.

For more information about wrongful death claims, proceed to this website: https://hunter-law.com/

Who Can File a Wrongful Death Claim?

Immediate family members have the legal right to begin these proceedings. They may be the spouse, parents, or children of the deceased. And according to state laws, siblings and other close relatives are allowed to file a claim if there are no surviving spouse or children.

Certain situations permit dependents and life partners, who benefited financially from the deceased, to make claims.

The specific regulations of your state must be verified since they show substantial differences from one jurisdiction to another.

The statute of limitations determines the exact timeframe in which you are required to finalize your legal actions.

Types of Damages Available in Wrongful Death Cases

Wrongful death cases lead to various types of damages that offer monetary assistance to families mourning the loss of a loved one.

As the surviving family member of the deceased, you are entitled to receive economic damages from the claim. This includes compensation for the lost earnings and medical expenses incurred before death. It also includes the funeral costs. In addition, non-economic damages can also be pursued. This is the payment for your pain and suffering, the loss of companionship, and your emotional distress.

The court may grant punitive damages to penalize the defendant who showed reckless behavior in their actions. The different damage types that exist in this case provide various solutions that help manage the financial burdens and emotional suffering resulting from your bereavement.

Understanding these available options will help you get the rightful compensation during this period.

Understanding the Process for Filing a Wrongful Death Claim

Filing for wrongful death can be an exceptionally complicated process full of emotional hardship. This is due to dealing with legal hurdles and the sorrow of losing a loved one. Be proactive by gathering all the necessary documentation. The copy of the death certificate, paperwork indicating medical history, and proof of the defendant being negligent are of utmost importance.

It probably will be a good idea for a bereaved family to determine the immediate beneficiaries first, as there are people who are entitled to initiate the claim. Seek the expertise of a wrongful death attorney. They are armed with the insight to guide you through all legal hurdles.

The attorney will assist you with your claim submission to the correct court after you complete your preparation work, which includes detailing all relevant facts and your desired outcomes.

Insurance companies will attempt to reduce their payments through negotiations, so you should be wary of this situation. The main focus should be on seeking justice for your dead family member.

Typical Legal Defenses Used in Wrongful Death Cases

When dealing with a wrongful death lawsuit, it is necessary to understand the usual defenses that defendants put forward.

Some defendants argue that they are not at fault for the deceased's death, which may have occurred for several reasons or been caused by another's actions. Another defense is claiming that the person’s death was a result of their action or inaction.

A defendant can say that the person who died knew all of the risks and did the activity anyhow. Some people may say that the actions of a person or party are not connected to the alleged wrongful death.

With this information, the defense can seek clarification about what happened to the deceased. This way, their family members can learn the truth of the case.

Finding the Best Attorney for Your Wrongful Death Case

To get the best attorney for a wrongful death case, you may ask for personal recommendations from your family and friends.

Reading reviews and testimonials from wrongful death lawyers in your jurisdiction can be a viable approach to explore. You have the right to discuss the cases they have previously won. Take an opportunity to meet briefly with the lawyer you have in mind to see how he or she communicates, how he or she will evaluate your case, and whether he or she is enthusiastic about being in your corner.

Discuss with your lawyer if they have had any similar cases before and how it all ended. Normally, wrongful death legal representatives take contingency fee payments.

To achieve the best possible result, always work on your intuition so as to make well-informed decisions for any kind of legal conflict.

A lawsuit on wrongful death is never an easy case to deal with. All parties should understand that their rights are involved and certain procedures should be followed to redress their loss. If someone was careless or negligent and the carelessness either directly or indirectly led to the death of your loved one, some of your family members may want to get an attorney. The correct attorney will assist you in obtaining justice while you receive the financial compensation that you deserve. They will see to it that you receive proper attention while you continue on your journey.