Wrongful death lawsuits typically function similarly to other personal injury claims, except that victims’ loved ones often bring the lawsuit rather than the actual victim. Aside from this crucial distinction, wrongful death lawsuits may often include the following steps:
- Contact A Lawyer – Often, the most crucial step of pursuing compensation for a loved one’s wrongful death is to contact an experienced personal injury attorney such as Michael J. Brennan. Your lawyer may help you understand your legal options while handling your case as you focus on recovering from your loss.
- Investigation – Your lawyer may begin by investigating the accident and gathering any available evidence proving the other party’s liability for your loved one’s death, such as statements from any witnesses, pictures of the accident, and documentation supporting your claim for damages.
- Negotiation – Your lawyer may negotiate with the other party’s insurer to seek an acceptable settlement agreement that would avoid the expense and delay of a trial. The insurance company will have a team of lawyers focused on insurer pays as little as possible, making a skilled lawyer crucial to leveling this playing field.
- Trial – If the insurance company refuses to agree to a reasonable settlement offer, your lawyer may then take your case to trial and present evidence proving the other party’s liability for your loved one’s death. Here, your case will typically be decided by a jury who will determine whether the other party caused the victim’s death as well as how much compensation you may be entitled to.
The compensation you may be entitled to for your loved one’s wrongful death may vary depending on the case but may include both economic and non-economic damages, such as:
- Medical expenses
- Burial costs
- Lost wages
- Loss of potential income
- Loss of consortium
- Loss of parental guidance
Finally, any wrongful death lawsuit will have to be filed before the expiration of the applicable legal time limits, known as the statute of limitations. Often, victims and their loved ones may have two or three years from the date of the accident in which to file any lawsuit, while most lawsuits filed after the statute of limitations has expired will generally not be allowed.
