When someone you love dies due to another party’s negligence, the impact on your family is profound. You may suffer financial losses as well as loss of companionship, comfort, and guidance.
Hiring Duluth Wrongful Death Lawyer can help your family navigate the legal system and get justice. Our firm will work tirelessly to identify liable parties and ensure they pay fair compensation.
When a loved one dies due to someone else’s reckless or negligent actions, family members can file a wrongful death lawsuit against the responsible party. The damages they receive can compensate them for a variety of financial and non-financial losses, such as funeral expenses, loss of income, and pain and suffering. Additionally, they may be entitled to punitive damages, which are designed not to compensate the family for their losses but instead serve as a deterrent for future reckless or intentional conduct.
A jury determines the size of a wrongful death settlement, which takes into account several factors including the person’s income beforehand and expected future income, as well as the level of dependence on the deceased individual by family members. The court will also consider non-economic damages, such as emotional distress and loss of companionship.
While the loss of a loved one is devastating, the legal process can be even more stressful for your family. Defendants and their insurance companies often try to make the process as long and difficult as possible in hopes that you will drop your claim or settle for a low-ball offer. A wrongful death lawyer can protect your family’s rights and fight for the full compensation you deserve.
Wrongful death claims are intended to compensate the surviving family members for calculable and non-calculable losses, as well as punish the defendant in order to deter similar behavior in the future. The amount of the settlement will vary according to state laws, but typically claimants can expect to receive compensation for medical bills, funeral and burial costs, lost income, and loss of inheritance.
Survivors can choose to receive the total amount of the award in a lump sum or in a structured settlement, where they will receive regular payments over months or years. Structured settlements can be a great option for families who cannot afford to wait for the entire amount of their settlement and want to avoid financial hardship.
To win a wrongful death case, you will need to prove that the death was caused by another party’s reckless or negligent actions. Your wrongful death lawyer can help you gather the evidence needed to prove this, such as witness testimony and medical records. You must also prove that the other party owed you a duty of care, which they breached, and that this breach led directly to your loved one’s death.
Statute of Limitations
All civil actions have time limits, and wrongful death lawsuits are no exception. When the statute of limitations expires, you lose your right to pursue compensation. That is why it is crucial to consult a knowledgeable and experienced wrongful death lawyer to determine the specific laws of your jurisdiction and to ensure that you file a claim within the appropriate time frame.
In New York, the statute of limitations for wrongful death claims is two years from the date of death. However, it is important to note that the statute of limitations may be extended or “tolled” under certain circumstances. For example, if the sole beneficiary of a wrongful death action is a minor under 18, the time to file would be tolled until the minor turns 18. In addition, the statute of limitations may also be tolled if the victim was mentally incapacitated or declared legally incompetent at the time of their death.
To successfully file a wrongful death action, you must demonstrate that the defendant breached their legal duty and that their actions directly caused or substantially contributed to your loved one’s death. You must also prove that your loved one suffered financial and emotional loss as a result of the defendant’s actions. A skilled wrongful death lawyer will help you gather and analyze evidence to support your claim.
This evidence typically includes witness testimony, expert testimony, and physical evidence such as medical and police records, accident scene photos and videos, and forensic analysis results. Wrongful death lawyers also know how to gather and analyze electronic documents such as emails and text messages.
Often, a wrongful death case must be filed on behalf of surviving family members or beneficiaries. Typically, this includes the spouse, children, or parents of the deceased individual. Depending on the circumstances of your case, however, other individuals, including friends and acquaintances of the deceased, may be eligible to file a wrongful death suit.
Who Can File a Claim?
If the case involves a claim against an individual, corporate entity or local city or county government agency, you should file a Notice of Claim directly with that agency. This must be done within the statute of limitations for that type of claim. For example, appropriations claims against the state must be filed within three years of accrual and claims against Roswell Park Cancer Institute Corporation (based on tort or wrongful death) must be served pursuant to Public Authorities Law SS 3567 and filed with the Clerk of the Court of Claims. Other claims must be served and filed within two years of the date on which they accrued.
How Much Money Can You Get in a Wrongful Death Lawsuit?
As every case is unique and takes into account the circumstances of each accident, there is no exact amount that can be awarded in a wrongful death lawsuit. However, the average wrongful death settlement is $500,000 or more. This is not a substitute for the loss of a loved one, but it does help to pay for the funeral expenses, medical bills, and emotional distress caused by the sudden and untimely death.
A wrongful death lawsuit seeks compensation to make up for the economic and non-economic loss resulting from the death of your loved one. A wrongful death lawyer can work with your family to determine the appropriate amount to pursue. This includes taking into account the age of surviving children, future anticipated costs such as wedding expenses or college tuition, and other needs specific to your situation. For example, if your spouse died in an accident while at work, the suit may include money to cover lost income and benefits.
Your attorney can also depose witnesses and subpoena business records as part of a thorough accident investigation, helping to establish who is at fault for your loved one’s death. This is important in determining whether punitive damages are available.
In some cases, the at-fault party’s insurance company may offer a reasonable settlement. This can save the surviving family from the long and drawn-out process of a trial, which is both expensive and emotionally draining. Your wrongful death attorney can negotiate with the insurance carrier to obtain a fair settlement for your family.
Wrongful death settlements can be paid as either a lump sum or structured settlement. Lump sum payments are made in a single payment, while structured settlements provide regular payments over time. The decision to go with one or the other will typically depend on the financial stability of the beneficiaries and the need for financial flexibility. It is also wise to consult a tax professional about the possible implications of the different payments.
