Should File a Wrongful Death Case?

Should File a Wrongful Death Case?

Guest post by Pacific Attorney Group PLC
Wrongful death is a term which is used to describe the death of someone due to negligence, wrongful act of another person or entity. When someone died because of personal injury, then the family of the deceased person can file a lawsuit for wrongful death. Because that death often causes chaos in the lives of the surviving members of the family. Under any circumstances, losing a loved one can be enough traumatic especially when the cause of death is negligent or reckless behavior of someone. The family may suffer financially because of the wrongful death.

Wrongful death is a term which is used to describe the death of someone due to negligence, wrongful act of another person or entity. When someone died because of personal injury, then the family of the deceased person can file a lawsuit for wrongful death. Because that death often causes chaos in the lives of the surviving members of the family. Under any circumstances, losing a loved one can be enough traumatic especially when the cause of death is negligent or reckless behavior of someone. The family may suffer financially because of the wrongful death.

How Wrongful Death Accidents Happen?

Some common events that might result in death are:

  • Medical Malpractice
  • Defective Products
  • Deadly Car Wrecks
  • Negligent Behavior

The Statute of Limit for a Wrongful Death Case

In general, the deceased’s family has two years to file the claim for wrongful death from the date of death. But it’s better to seek legal guidance quite before the end of the deadline. Also, the more the case is delayed, the more difficult it becomes to collect the supporting evidence for the claim. Los Angeles personal injury attorneys understand what the victim family is going through. Do not underestimate the complications of a wrongful death case. They are dedicated to helping the clients find the solution.

Who decides the Compensation Amount?

Juries at case trial have often the final say when declaring how much compensation family will get. Generally, the insurance companies offer the settlement after knowing about the accident news. It’s wise to file the wrongful death case against the liable party. Usually, the case is settled before it goes for the trial. But if the parties don’t agree on the settlement then the jury decide the case. As a part of the final verdict, the compensation amount from a few dollars up to million depending upon the case.

Should accept the offer from Insurance Company?

When insurance companies offer amount never accept before discussing it with the experienced attorney. The amount might seem reasonable but on close inspection, it might turn out an unfair deal. The surviving family might be entitled to get the compensation for the pain and suffering of the loved one he/she experienced prior to the death and funeral as well as burial expenses. Other than that family may also be entitled to the compensation for the lost wages that could possibly bed earned until the anticipated retirement of the loved one. One may also get “loss of consortium” damages, which includes the loss of companionship and love of the deceased person.

Should the Family File the Wrongful Death Claim?

Many legal options may be available in the case of a wrongful death. A wrongful death attorney can better explain these options and work with the client to create a unique strategy that covers the specific legal requirements. It is a legal right of the estate of the deceased person to file a wrongful death suit against the entity that caused the death. But someone’s death in the accident does not necessarily mean that the estate of the deceased person can file the lawsuit. Evidence must support the claim. The evidence can be the accident report of the police officer or some government safety officer who completed its inspection report. Eyewitnesses also account to qualify as the evidence.

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