Death is an unfortunate reality that we all have to come to terms with, but it’s never easy having to deal with the death of someone you know and love. It’s even more distressing when the death could have been prevented.
Losing someone to wrongful death in an incident that could have been avoided is very traumatic for those suffering the loss, leaving the task of how to handle the issue burdensome on your own.
Seeking the help of a wrongful death lawsuit lawyer is recommended in these cases, to make the case a little less traumatic by helping you get the compensation and accountability you deserve.
Elements of a wrongful death lawsuit
- Negligence – When someone has failed to act within the required standard of reasonable care or intentionally caused harm to another and fatal injuries occurred. This is deemed a wrongful death.
- Death of Another Individual – A wrongful death case is the action that applies due to someone else’s death.
- Causation – The death in question has to be the result of a negligent or intentional act.
- Damages – The victim and the family are entitled to the damages and losses caused by a family member’s death.
Payout expectations in a Wrongful Death Lawsuit
Truth be told, one can never give an average in terms of a payout with these types of cases. They have a varying range due to a multitude of contributing factors, one being the state where the case is being pursued and tried. The range depends upon many factors including age, loved ones left behind, economic loss, and the love, care, and nurture lost. Some settlements have been more than $10,000,000.
At the end of the day, the amount recovered in lawsuits where a life is lost due to wrongful death varies. Having a strong and reputable lawyer in this field and the lawyer’s experience will influence the amount of compensation you can expect from a wrongful death claim.
What are my Chances of Winning a Case of Wrongful Death?
Several factors play a role in winning a wrongful death case. The crucial factor is the attorney. How skilled is he? What is his reputation in this area of the law? What are his credentials and level of commitment? Choosing the best attorney for the case is going to be the primary focus when you’re looking to pursue and have success with your case.
Recoverable Damages in a Wrongful Death Lawsuit
There are two categories defined by periods:
- The first allows for the recovery of any damage the deceased’s family encounters from the start of the negligent act causing the death, to the time of the death. Damages in this category include the likes of medical expenses, mental and physical pain and suffering, as well as loss of income until the time the victim has passed on.
- The second allows for the compensation of any losses encountered by the next of kin after the deceased’s death. The family survivors’ are entitled to future loss of earnings of the decedent. In addition, the surviving family members are entitled to love, care, nurture, companionship, guidance, and training that the deceased would have expected from the decedent if he had suffered a wrongful death.
Can a Wrongful Death Lawyer Increase My Chances of Winning?
The answer is yes! There are a few ways to increase these chances:
Determining Eligibility to File for Wrongful Death
The following parties are eligible to make a wrongful death claim on behalf of the deceased:
- The deceased’s surviving partner;
- The deceased’s surviving child/children and stepchild/children;
- In the case of no dependants, certain designated members in the family, such as parents and siblings;
- A party is financially dependent on the deceased.
Establishing Negligence or Intentional Harm
In this regard, your attorney needs to establish the elements and causes of the wrongful death. This will determine whether the act was negligent or executed with intentional violence.
Maximizing Your Damages
As noted above, economic and non-economic damages are allowed in a wrongful death case. An experienced and skilled lawyer will be able to properly prepare wrongful death claims to allow for the recovery to be maximized.
Consult With a Wrongful Death Attorney
Last, but certainly not least, always be sure to consult with an attorney experienced in bringing a wrongful death lawsuit. This will make all the difference in terms of how the surviving family is compensated.
If you, or somebody you know, need an attorney to assist you in winning a case of a wrongful death lawsuit, call us today! We have all the resources and information to help you get the compensation you deserve through this very difficult time.