Obtaining a Just Wrongful Death Settlement

Wrongful death occurs when someone dies as a result of someone else’s “wrongful” action. This can range from simple carelessness to a willful act. When this happens, the law recognizes that not only has the victim been deprived of his or her life. Relatives have also been injured. While their experience is hardly primarily a financial one, a lawsuit can at least provide monetary compensation, and a means of holding the person at fault accountable. Of course, this is where the personal injury attorney comes in!

Who can file a wrongful death lawsuit?

Not everyone who feels they have suffered a loss is necessarily entitled to sue for damages. Exactly which “representative” can actually file suit is determined by state statutes: in some states, this means only spouses and children; in others, other relatives such as grandparents may be included. Also, depending on state law, the proceeds of the suit may have to be shared by the plaintiff with other relatives or interested parties. Check with a qualified attorney experienced in wrongful death (see below) to find out your state’s exact requirements.

How much will the settlement be?

Determining the amount of damages in these cases is not easy. Those who have paid for medical bills, funeral costs, and similar expenses are normally entitled to reimbursement. But the damages usually go far beyond out-of-pocket expenses. They can also include the earnings that might have received had the victim lived, and compensation for the pain and suffering experienced by the survivors. You’ll need to consult with your personal injury lawyer for guidance in your particular case, since every one is different.

A lawsuit is a purely civil procedure

Wrongful death lawsuits are civil cases, even though the incident may have involved a crime as well (in which case a separate criminal trial will take place). Remember that in such a civil case, the burden of proof is much less: only a “preponderance of evidence” (at least in theory, only 51% for the plaintiff) is needed, as opposed the the “proof beyond reasonable doubt” needed to convict someone of a crime. Therefore, when considering litigation with the intent of collecting a settlement, check with a personal injury lawyer well experienced in the civil side of such cases.

Finding a wrongful death attorney

Needless to say, wrongful death is a serious matter, so if you are considering filing such a suit, be sure to verify that your attorney has experience in this area of the law. Use the form at the upper right hand corner of this page to make an inquiry; you will be referred to an appropriate personal injury lawyer. Then, ask the attorney about similar cases he or she has already handled. Remember, anyone can call themselves a “wrongful death lawyer” or “wrongful death attorney”: these are merely areas in which lawyers choose to concentrate their practices and are not official designations.

Don’t be afraid to ask pointed questions. Millions of dollars, and obtaining justice for someone who can no longer speak for themselves, is at stake! So get the right lawyer before you decide whether or not to sue.