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Wrongful Death Lawsuits
How Can a Wrongful Death Lawyer Help Me?
Our experienced wrongful death law firms will help you determine what legal action is available to get you fair and just compensation for the loss of a loved one by a negligent person or company.
A wrongful death case is filed, in the event that someone died because of the negligence of another party, to claim benefits from a personal injury or accident.
The defendant owes the surviving family members of the victim monetary compensation for their loss.
Call (805) 368-3422 to schedule your free initial consultation today.
What is a Wrongful Death Lawsuit?
In the simplest terms, a wrongful death lawsuit is a civil action that states a person died as a result of another person’s negligence.
Wrongful Death Case Criteria:
- The death must have resulted from the incident in question.
- The death must cause financial hardship for surviving family members.
- You must be able to prove that your loved one’s death was caused by the negligence of the defendant.
- You must be able show that your loved one’s death has directly affected you and/or other members of the victim’s family.
Wrongful death law is different in each state. For example, states will have different rules on who is eligible to file a wrongful death lawsuit. It is important to note that the Statute of Limitations on wrongful death claims will vary by each state.
Wrongful Death Statute of Limitations Lawsuits
Statute of Limitations put a ceiling on the amount of time that an individual has to file their wrongful death lawsuit.
In general, next of kin are permitted between 1-3 years (depending on what state you’re filing in) from the time of death to file a lawsuit. If you miss your Statute of limitations filing time, your lawsuits could be barred permanently.
What Damages Are Available for Wrongful Death Claims?
Generally, wrongful death damages that you can expect to recover from a successful lawsuit might include:
Funeral Expenses: the cost of providing funeral and burial services.
Medical Expenses: the cost of your loved one’s medical and emergency care prior to their passing.
Pain and Suffering: the deceased’s misery and discomfort prior to their death.
Loss of Consortium: the emotional anguish that accompanies the loss of a family member.
Lost Income: the value of the deceased’s financial contribution to the family, including the loss of income and benefits.
Retirement or Pension: an untimely death can cut or eliminate income from retirement or pension accounts.
Punitive Damages: additional charges to the responsible party for the death of your loved one.
If the negligent behavior or act is considered especially reckless, punitive damages may be applied as a means of providing your family with justice, while setting an example for the future.
How Long After a Wrongful Death Can I File a Lawsuit?
Brain Injury victims should contact an experienced brain injury attorney immediately after an accident. An experienced attorney understands how to deal with difficult insurance companies and know-how they try and get out of paying for a victim's injury claims.
When filing a lawsuit, the victim may not know who is responsible for causing the accident or injury. In most cases, the trial will name every potential defendant who may have had a role in causing brain injury.
Whether a minor brain injury or a severe brain injury, a brain injury lawsuit can take a long time to reach financial settlements. Most states allow plenty of time between the injury/accident and the deadline for filing a lawsuit. Injured victims should contact a brain injury lawyer for advice on when to file.
Understanding Your Statutes of Limitations
Every state is different regarding brain injuries and lawsuits. In most cases, victims have 1-3 years to seek legal action against the responsible parties for your injury. If you're concerned about your Statute of limitations timeline, a free case evaluation will help you understand your options.
Who Can File a Wrongful Death Lawsuit?
Only certain family members can file a wrongful death lawsuit. Although it varies from each state, typically it is either the immediate family or whoever manages the deceased’s estate.
Wrongful Death Lawsuits Can Be Filed By:
- The victim’s spouse or children.
- If there is no spouse or children, the victim’s parents may file.
- If there are no parents, a wrongful death lawsuit may be filed by the victim’s siblings.
- If there are no siblings, The victim’s grandparents may file.
- Family members related to the deceased by marriage or adoption can also file a wrongful death lawsuit. If there are no living family members, the person managing the deceased’s estate can file the lawsuit.
Do You Have a Case? It Costs Nothing to Find Out!
Because each brain injury lawsuit case is unique, it could take several months or even years to settle a claim or complete a trial. A brain injury lawsuit involves the following steps;
Claim Assessment - When a claim is filed, an assessment is made to ensure you have a valid case. This assessment examines injury/accident details, evidence, damages suffered, medical expenses, cost of future care, and the negligence of the other party during your free consultation.
Investigation - If you have a qualified case, a thorough examination of your brain injury will begin immediately to preserve evidence. Negligent parties will also be notified, and demand will be issued for the preservation of all evidence, including photographs, medications, medical records, and other data.
File and Complaint - Once your evidence is preserved, a lawsuit will be filed against all parties who are deemed negligent in the accident/injury.
Case Discovery - This is where case information is requested from the other parties, conduct depositions, interview witnesses, and obtain expert analyses, injury reconstruction, and medical evidence to build a solid case.
Begin Mediation - Victims and defendants will attend mediation to determine if a fair settlement can be reached. During mediation, a negotiator will attempt to make a settlement to compensate for pain, suffering, and other damages. The majority of brain injury lawsuits will settle before going to trial.
Go to Trial - If no settlement is reached in mediation, the lawsuit will proceed to trial. A jury or judge will hear the case. Attorney's will present evidence and participate in closing arguments.
Settlement - The judge or jury will then determine fault and decide on the amount of compensation to award for your losses.
Put Experienced Brain Injury Accident Investigators on Your Case!
Free Case Evaluation – Wrongful Death Lawsuits
If you or a loved one suffered a brain injury from an accident or defective medical product due to manufacturer negligence, we can help.
We have experienced brain injury lawyers that will hold negligent parties responsible for personal injuries, including wrongful death.
Contact us today for a free, no-obligation case review. We can provide you with a 100% free case evaluation where we examine the details of your case and determine which legal strategies can best protect your future.
If you think you have a case, now is the time to reach out to a legal representative. If you believe that you have a brain injury case, we can help you now.
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If you or a loved one has suffered a serious brain injury, it’s important to seek experienced legal help. Studies show that parties that retain professional legal counsel recover 3x more compensation on average than parties who attempt to represent themselves.
We believe that people have the right to find the best possible legal representation from the most experienced lawyers in their state. We have developed relationships with highly qualified lawyers that we know will work hard to win your case.
You can be 100% confident that the lawyers that we work with will have your best interest in mind.
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