It isn’t easy to cope with the loss of a beloved family member. It takes every ounce of strength and courage to deal with the grief of such circumstances. Perhaps, this hollowness troubles you even more when the death could have been prevented.
The demise of a loved one can impact surviving relatives in various other ways. One of them can be a huge financial chaos. If the departed soul was the only bread earner of the family, the family members could find themselves in the sudden dire of a financial crisis.
Fortunately, every state offers a legal action termed a wrongful death lawsuit. This civil lawsuit allows the surviving family to seek compensation from the latter that negligently caused the death of their beloved one. If you think your family is entitled to compensation for wrongful death, a lawyer might be able to help.
Understanding what a wrongful death claim starts with learning what it is not. First of all, a wrongful death claim is not a criminal prosecution. It will not end up in prison time or fines with a conviction. The district lawyers take no part in bringing these causes of action.
In contrast, a wrongful death claim is a civil lawsuit that helps you get your righteous compensation. If your claim is true and successful, it will result in the at-fault party’s financial compensation. This claim can result from any unintentional death that is perhaps caused by the negligence of another person or entity.
Wrongful death claims can result from a broad range of negligent acts. Some of the most usual examples of wrongful death claims include car accidents, truck accidents, sporting accidents, violent crime, medical malpractice, motorcycle accidents, and slip and fall injuries are just a few of them.
Generally, these claims can lead to a wrongful death lawsuit. This lawsuit is filed against the at-fault party; however, they might not be the only individuals interested in the case. Here, the insurance company for the defendant will have a genuine interest if a policy was in place that could cover the death.
How Does a Wrongful Death Lawsuit Work?
Wrongful death lawsuits work pretty much like any personal injury claim. A personal injury claim is claimed on harm that happened due to another person’s negligent or intentional acts. The major difference is that the wronged party is no longer alive; thus, the right to seek compensation on their behalf is passed to someone else.
Generally, there are crucial steps to take before filing these lawsuits. Eventually, many wrongful death claims are settled through a negotiated settlement well before filing a lawsuit. This settlement process is initiated with a demand letter. A demand letter is a written appeal for compensation in return for an agreement not to file a wrongful death lawsuit. Usually, these letters are the catalyst required to settle.
If a settlement is not possible, the accuser must file a complaint. Thus begins the case and initiates the litigation process. After the accuser formally serves the defendant with the complaint, the defendant has a set amount of time to respond in written form. If they fail to respond, the court can say they lose by default. After the defendant responds, the case will continue with motions and discovery until it is time for trial.
Seeking Legal Representation For a Wrongful Death?
We understand the value of positive results and your beloved one. Our law firm will work precisely and diligently to accelerate your case. The team here has the experience needed to fight the insurance companies, and we will fight on behalf of you.
Contact Rojas Law Group for a free consultation.