It would help if you considered many things when deciding whether to file a wrongful death suit. This includes the time frame you can bring the lawsuit and how to prove that you have a case. In addition, it is important to know the types of damages you can recover.
Getting Justice for a Loved One
It can be a daunting task to file a wrongful death suit. A successful case can provide a sense of justice, deterring others from the same error and offset the financial burden of the loss. For instance, a surviving family member may have to pay for funeral expenses or lost wages. Fortunately, with the help of a wrongful death lawyer, these and other hardships can be alleviated.
The simplest and most effective way to obtain justice for a loved one is through the civil courts. These court systems are responsible for awarding fair and reasonable compensation to the beneficiaries of the deceased person’s estate. There are two main types of compensation: economic and non-economic.
Economic losses include things such as medical bills and funeral costs. Non-economic losses include loss of affection, protection, and direction. Using a wrongful death attorney to identify the culprits can go a long way toward helping surviving family members get what they deserve.
Proving Causation
Proving causation is an important part of a wrongful death lawsuit. To collect compensation for your losses, you’ll need to prove the defendant acted negligently and that the act caused or contributed to the injury. This may sound like a simple task, but it can be daunting.
The key to proving causation is demonstrating that the event in question would not have occurred without the tort. In a wrongful death case, the accident would not have occurred if the other party had not breached their duty of care to you.
Several factors can contribute to wrongful death. For instance, an accident may have been caused by a driver running a red light. Likewise, a medical malpractice claim can be complicated. You need an experienced lawyer to help you get the compensation you deserve.
Whether you’re seeking monetary damages or the emotional pain and suffering that you loved one’s death caused, establishing causation is vital in your wrongful death suit.
Non-Economic Damages
If you’ve suffered an injury due to someone else’s negligence, you may be able to sue for non-economic damages. These include pain and suffering, loss of consortium, and loss of enjoyment. You can also recover medical bills and other expenses.
Non-economic damages are often harder to calculate than economic damages. However, you can prepare for this part of your wrongful death case.
The jury will assign a value to your non-economic damages based on how much the injuries affected your life. For example, if you sustained a broken leg, you may lose the ability to participate in recreational activities.
Likewise, you might need help to drive to work or spend time with your family. The cost of your lost earnings might exceed your non-economic damages. Your spouse might be able to receive a payout for the loss of companionship.
To successfully bring your claim, you must provide evidence of the damages you’ve suffered. Your attorney can help you do this. They can provide you with figures on medical expenses, the costs of any necessary treatments, and how you’ve lost earnings.
Timelines
If you are a family member of a person who has died in an accident, you may wonder when the time is right to file a wrongful death suit. The answer to this question is different for every case. It depends on several factors.
Before filing your claim, you should not wait until you have lost all hope and financial support. This can cause unnecessary complications that could prevent you from being able to file your suit. In addition, consult with an attorney before making a decision.
Several factors can affect the length of a wrongful death lawsuit. For example, a high-value lawsuit can take longer than a lower-value lawsuit. Also, your case’s complexity can impact the litigation’s length.
Before you file a lawsuit, you should find out how long the process will take. A wrongful death claim can take a few months or even a few years. Depending on your circumstances, your lawyer can expedite the process.
