Dealing with a wrongful death case is never something anyone wants to do, but it is nonetheless something that will have to happen in certain situations. However, people are generally not going to be able to understand the ins and outs of the process behind a wrongful death lawsuit, so it can be somewhat intimidating for them to wrap their head around. In order to help make the process of a wrongful death lawsuit easier to handle, this article has been prepared to go down the basic aspects of them.
What is the process of a wrongful death lawsuit?
The important first step is to understand what constitutes a wrongful death. Basically, in the event of a wrongful death, you have to be able to show negligence on the part of the defendant that led to another’s death. Basically, if a person had a valid claim for a personal injury case, but they die from the injury, this would qualify them for a wrongful death claim. Some cases are going to be more obvious than others; for example, if someone was killed with malicious intent, that unambiguously would qualify for a wrongful death claim, while if someone can be shown to be negligent, leading to another person’s death, that in itself would qualify for a wrongful death claim. This can come in the form of medical malpractice, for instance. Not only that, but because wrongful death claims are handled through civil courts instead of criminal courts, you do not have to worry as much about getting a satisfactory result for yourself. Whereas criminal courts require a rather high burden of proof, all you need to do in a civil court is show that a majority of the fault for a person’s death falls on the shoulders of the defendant.
You also must understand whether you can personally file a wrongful death claim, and the answer to that question will depend on your relationship with the victim. Typically, a claim is usually filed by the representative of the deceased’s estate, although different states have different laws on how this is handled. In every state, however, a spouse may bring a wrongful death claim against a person on behalf of their spouse. Some states have looser restrictions on this, ensuring that the partner of the deceased does not need to be married to them. Parents also can file if one of their children is killed, and minors can receive compensation in the event of their parents being killed. It gets murkier when it comes to other people who may or may not qualify to file a wrongful death claim. Some states are looser with this, allowing aunts, uncles, grandparents, and adult children file, while others are stricter on the matter. Make sure to check out your respective state’s laws on the matter. You should also make sure that you get this wrongful death suit filed before the statute of limitations runs out, which again, will vary depending on what your state deems it.
When you plan to file a wrongful death lawsuit, it is important that you consult with an attorney, who will do a world of good at all levels of the suit. One great thing they provide is their expertise at gathering evidence to prove a wrongful death case. A wrongful death lawyer has a lot of knowledge, experience, and tools under their belt to find the information that will benefit your case. Once they have found the evidence, they will investigate all the evidence involved to establish liability. Once liability has been established, they will then inform the accused party that they are being sued for damages, and for the most part, things do not go too much further from here. This is because in most cases, a wrongful death lawsuit is settled out of court, usually for a sum lower than you were expecting, but a sum nonetheless, as the other party may find it beneficial to settle out of court rather than risk losing in court and having to pay even more, or worse, have their guilt established in court. Their negotiation skills also help keep things civil and help convince the other party and their lawyer that settling out of court will be the better option for them.
Once it has gone to court, however, your lawyer will work diligently to ensure that you get the best result you possibly can out of it and provide a strong case against the defendant. Having a lawyer handle all of these things makes them not only go easier, but also ensures that you are more likely to win your case. It is not a guaranteed loss if you go without one, or a guaranteed win if you go with one, but it definitely helps your odds, nevertheless. If you win your case, then you have to deal with the payment, which will not be immediate. It will usually take some time for the check to get to your lawyer and then to you, and even worse, the defendant may file an appeal, making the payment be dragged out that much longer.
