Potential Damages Available in Wrongful Death Claims
Family survivor’s compensation resulting from a successful wrongful death claim can include:
- The lost financial support, wages, or income that the deceased person would have provided
- The value of household and childcare services that the deceased person would have provided
- The mental anguish or pain surviving family members have experienced
- The loss of the deceased person’s love, comfort, and companionship
- The loss of inheritances or savings
In addition to the wrongful death claim, a claim known as a “survival action” can also be filed. This claim sues for damages related to the deceased person during the period between his or her injuries and later death. These damages can include those for medical expenses, lost income, and the pain, suffering, or emotional trauma the decedent suffered before his or her passing.
Why Should I File a Wrongful Death Claim?
Initiating a wrongful death lawsuit following the death of a family member as a result of another's reckless or deliberate behavior is important. Although no financial compensation can truly substitute for the loss of a loved one, winning a wrongful death lawsuit can offer numerous benefits.
A wrongful death lawsuit can offer security in terms of money. Unexpected costs, such as burial and medical expenses, are frequently incurred when a family member passes away suddenly. The loss of the deceased may also result in a large decrease in the family's income if they were a provider. These monetary obligations may be compensated for through a wrongful death lawsuit.
A wrongful death claim may also serve as a form of justice. It holds the responsible party accountable for the actions that caused the death. This can provide a sense of closure for the grieving family members.
By taking legal action, you could potentially prevent similar incidents from happening in the future. Your wrongful death claim could lead to changes in policies or procedures that may save others from experiencing the same tragedy.
Liable Parties in Wrongful Death Claims
Wrongful death claims are designed to hold all those responsible for unnecessary death accountable. Depending on the circumstances, these can include individuals as well as companies or even governmental agencies.
For example, if the decedent was killed in a negligence-based car accident, liable parties may include:
- The driver of the vehicle that caused the accident
- The car's manufacturer
- The car's mechanic
- The car dealership
- The party that sold or provided a defective or dangerous product in the car
- The party that installed the defective or dangerous product
- The party that designed the defective or dangerous product
- The city or county agency responsible for maintaining safe road conditions
What To Do After a Wrongful Death
Following a wrongful death, there are a few important things to do. The first and most important thing to do is to get legal advice as soon as you can. This is especially crucial to do before you sign any incident-related paperwork. Legal advice from a qualified wrongful death attorney can clarify your rights and legal professionals can go over your future options with you.
Next, gather as much evidence as possible related to the incident. This could include medical records, witness statements, police reports, and any other relevant documentation. This evidence will form the basis of your wrongful death claim.
It is advisable to consider bringing a wrongful death lawsuit. Through this lawsuit, losses brought on by the death—such as burial costs, missed income, and pain and suffering—are being sought. To pursue a wrongful death claim, the deceased must have been eligible to do so had they lived to pursue a personal injury claim.
How Much Is a Wrongful Death Case Worth?
The value of a wrongful death action varies depending on the specific circumstances of the case. Factors that may affect the claim's worth include the deceased person's income, the extent of the defendant's negligence, and the emotional suffering experienced by the surviving family members.
Our experienced wrongful death attorney can help determine the potential value of your case and guide you through the legal process.
How Long Does a Wrongful Death Case Take?
When it comes to wrongful death cases, one of the most common questions that arises is, "How long will it take?" Unfortunately, there's no one-size-fits-all answer to this question. The duration of a wrongful death case can vary significantly based on a multitude of factors. While every case is unique, several key elements influence the timeline of a wrongful death lawsuit.
Complexity of the Case
One of the primary factors that determine the duration of a wrongful death case is its complexity. Wrongful death cases can range from relatively straightforward incidents with clear liability to highly complex scenarios involving multiple parties, intricate legal issues, and extensive investigations. Naturally, the more intricate and multifaceted a case is, the longer it may take to reach a resolution. Complex cases often require more time for discovery, legal research, expert witness testimonies, and negotiations, contributing to a lengthier process.
Parties Involved
The parties involved in a wrongful death case can also impact its duration. If both parties are motivated to reach a swift resolution and are willing to engage in constructive negotiations, the case may progress more quickly. However, when one or both parties are uncooperative, disputes can arise, leading to delays in the litigation process. Additionally, the number of defendants and their legal representation can affect the complexity and duration of the case.
Settlement Negotiations
Many wrongful death cases are resolved through settlement negotiations rather than going to trial. The duration of these negotiations can vary depending on the willingness of the parties to compromise and the complexity of the case. Some cases may settle relatively quickly, while others may require extensive back-and-forth discussions before an agreement is reached.
Do You Have to Go to Court for a Wrongful Death Case?
Before a wrongful death case proceeds to trial, there is often a window of opportunity for both parties involved to negotiate and reach a pre-trial settlement. A settlement involves an agreement between the plaintiff (the surviving family) and the defendant (the alleged responsible party) to resolve the case without going through a formal court trial.
Advantages of a Pre-Trial Settlement
- Faster Resolution: Settlements typically reach a conclusion faster than trials. Court proceedings can be lengthy, and a settlement can provide a quicker resolution for grieving families.
- Cost-Efficiency: Trials can be expensive, involving court fees, legal expenses, and expert witnesses. Settling the case out of court can save both parties significant costs.
- Certainty: Settlements offer a degree of certainty in the outcome. In a trial, the final verdict is uncertain, but in a settlement, you have more control over the outcome.
- Privacy: Settlements are typically private affairs, whereas trials are public events. Families may prefer to keep the details of their case confidential.
Factors Affecting Settlement Negotiations
Several factors influence the likelihood of reaching a settlement:
- Strength of the Evidence: The strength of the plaintiff's case and the defendant's defenses can affect settlement negotiations. A stronger case may provide the plaintiff with more leverage during negotiations.
- Insurance Coverage: If the defendant has insurance coverage, the insurance company may be involved in the negotiations. Insurance policies often have limits, which can impact the settlement amount.
- Willingness to Compromise: Both parties must be willing to compromise and find common ground. A stubborn or uncooperative party can hinder settlement discussions.
- Desire for Closure: Families seeking closure and a quicker resolution may be more inclined to settle, while those seeking justice and accountability may opt for a trial.
How We Can Help
No pain compares to the loss of a loved one. You shouldn’t have to face that alone. Jeff Paradowski has a wealth of experience working on wrongful death cases.
At Paradowski Law, our Bryan-College Station wrongful death attorneys know how to effectively advocate for you and your family. Our team is ready to help you seek justice and the compensation you are owed. We know how to navigate the legal system and can help you file a wrongful death claim, no matter where the negligent or wrongful party lives or what type of entity is responsible.
Let us help you in your time of mourning so that you can move toward closure and healing.
Contact Paradowski Law by calling (855) 524-2976 for a free case review with our Bryan-College Station wrongful death lawyer.
