The passing of a loved one is always a tragedy, regardless of circumstances. However, if your loved one has died as a consequence of someone else’s negligence or wrongful actions, you may naturally be compelled to seek justice. Winning a wrongful death lawsuit can not only provide us with a sense of justice after a loved one’s wrongful death but can also compensate us for the costs and damages that loved ones have accumulated as a result of their death.
Wrongful death lawsuits can be complicated. This is what you should know about filing a wrongful death lawsuit.
It may be a time commitment
A wrongful death lawsuit can be a time-consuming process. Each lawsuit is different, and some may settle relatively quickly in several months. Other times, however, it does not settle nearly so quickly. A thorough investigation will be required and that may take three or four years. This certainly doesn’t mean that you should shrug aside a lawsuit; rather, it means that you should prepare to be patient and to actively confront the death of your loved one for a potentially lengthy period of time.
Only certain individuals can file the claim
A representative of the estate of the deceased victim files a claim on behalf of the survivors. These survivors are typically the children of the deceased, or the spouse or domestic partner of the deceased. They may also be the grandchildren of the deceased (the decedent). Additionally, other individuals, like the decedent’s stepchildren or legal guardian(s), can file a claim if they can prove sufficient evidence of financial reliance upon the deceased.
You’re going to have to provide substantial evidence
Providing sufficient evidence of wrongful death is quite an arduous process and may require many different types of evidence. Just as the plaintiff would provide ample evidence in a personal injury claim, similar evidence must be shown as to an individual’s wrongful death, whether the death was the result of negligence or intentional harm. Proof may be in the form of documentation, medical records, and witness testimonials.
Compensation varies but may be extensive
Many different types of costs may be awarded to the plaintiff. Some costs, such as burial or funeral costs, or the costs of particular medical treatments that the decedent incurred prior to their death, might be easily compensated. However, other costs may be much more difficult to establish and prove. If the decedent was providing financial support to any individuals, the loss of their income may be considered damage to the individual, and compensation may be provided.
Compensation may also be provided for other damages, such as the emotional suffering or despair that an individual may experience as a result of their loved one’s death. However, these damages and the compensation can be very difficult to establish. Your attorney will help you understand and determine the compensation to which you are entitled.
Contact an experienced attorney
Filing a wrongful death lawsuit can be a difficult experience for many reasons, but there is no doubt that it is worth getting justice and compensation for if who have greatly suffered as a result of a loved one’s death. An experienced attorney can help you navigate the process of filing a wrongful death claim and can help you fight for the compensation that you deserve.
At Guy Levy Law, we value family, and we understand the pain of losing a loved one. We aim to help our clients to the best of our ability and to provide them with compassionate, professional, and consistent service. If you have suffered the wrongful death of a loved one, file a claim with us today.
