What is the definition of a Wrongful Death Claim?

A wrongful death claim alleges that the defendant caused the death of the plaintiff as the result of negligence and that the surviving dependents and/or beneficiaries are entitles to civil monetary awards. As an example a wife would have a wrongful death claim, for the estate of her passed husband, against any third party whose negligence caused the death of her husband.

The ironic twist of a wrongful death lawsuit is that it is not recognized under common law which the United States adopted from England. For hundreds of years it was reasoned that a family members could not take a claim against another party because the claim did not survive the decedents’ death. Over the past one hundred years each state has adopted and modified its own wrongful death laws. Note: It is important to understand that a wrongful death claim should be evaluated by an attorney that understands the specific wrongful death laws in your state.

What can be recovered from a wrongful death lawsuit?

If the death of an individual was deemed to be caused by the negligent acts of another party or parties then monetary damages can be awarded to the estate of the decedent and/or any beneficiaries of the decedent. Monetary damages are usually restricted to the following.

1. Past Lost Wages of the Plaintiff
2. Future Lost Wages of the Plaintiff
3. Medical Expenses before death
4. Loss of Consortium
5. Pain & Suffering
6. Loss of Benefits, care & companionship
7. Punitive damages

How do finance a wrongful death claim?

In most cases a wrongful death lawyer will offer to represent your wrongful death claim on a contingency basis. Most lawyers charge a legal fee equal to one third of the final settlement or judgment amount plus case costs. It is unethical and conflict of interest for the lawyer to advance you a portion of your potential settlement to be used for anything other than direct case costs. There are, however, pre settlement funding companies, like Global Financial, that can provide wrongful death settlement loans to the individuals that are pursuing wrongful death claims.

Who can pursue a wrongful death claim?

In most jurisdictions there is statutory law that extends rights to bring a wrongful death claim only to the spouses, parents and children of a decedent, however, there are some states which allow “extended family” to bring a wrongful death claim which include but are not limited to: cousins, uncles, aunts, step sisters & brothers, legal dependants or grandparents.

What is the statue of limitations to file a wrongful death lawsuit?

Every state has a different time table for when a lawsuit must be filed for it to be legally valid. Statutes of Limitations are strictly enforced and a local attorney can advise you as to when the lawsuit must be filed. The statue of limitations begins at the time of death and extends anywhere from 2 to 7 years.

How doe I chose a wrongful death lawyer?

Choosing a wrongful death lawyer is a very important step in what may be along and mentally painful journey to trial or settlement. It is important that you research the lawyer and his/her Law Firm to understand their experience in handling wrongful death cases before you make a decision. Remember a wrongful death case is much different from many other types of personal injury cases and the attorney you select should have a wealth of experience in this area.
In addition the lawyer you select should have a strong team behind them. It is almost impossible to expect one lawyer to fight the entire wrongful death claim. Several resources may help you choose the right wrongful death lawyer: http://www.martindale.com, http://www.findlaw.com, http://www.legalmatch.com
Pursuing a wrongful death legal claim may be along and stressful journey so don’t rush into hiring a lawyer; do your research thoroughly before selecting the best match.

What am I entitled to from a wrongful death claim?

You are entitled to monetary damages that you have suffered as the direct result of the death, by negligence of a third party, of the plaintiff. Regardless of your relationship with the plaintiff you are entitled to the direct loss you have undergone and will undergo as a result of the “wrongful death” of the plaintiff. You are entitled to civil monetary awards and potentially punitive damage awards if the act causing death was intentional or criminal. Punitive damages are monetary damage awards as “punishment” to the defendant.

The claimants in all wrongful death cases are entitled to everything the law in their state allows and nothing more. If for any reason the defendant is found not to have been negligent in the cause of death then the death will not longer be
”wrongful” and the claimants are entitled to nothing.

How long does a wrongful death claim take to recover?

The legal system in America is over loaded with cases, most of which have merit and some that are frivolous. Therefore, all cases take longer than most of us would like and wrongful death cases are no different. There are a few barometers that may help you determine a general time frame with regard to the length of the case.

a. The severity of the gross negligence on the part of the defendant make them more likely to settle early. For instance if the wrongful death act was criminal in nature the defendant or their insurance carrier may want to settle the claim in a very quick matter.
b. The jurisdiction or county that the wrongful death lawsuit is filed in will also determine how long a trial date will take to be set. Ask your lawyer how long the docket or calendar is in your area. He may be able to put the case on a fast track so be sure to ask.
c. Complexity of the defendants can play a role in the length of the case. If there are several defendants then they will finger point at each other which can delay the legal process by months or even years.
d. Nature of the defendants insurance carrier. Certain insurance carriers take a strong stance when defending their client and will in most cases take a wrongful death case all the way to trial or at least to the court room steps before offering to settle the claim.

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