Six Facts about Wrongful Death Lawsuits

Six Facts about Wrongful Death Lawsuits

Six Facts about Wrongful Death Lawsuits

When an individual dies because of someone else’s ignorance or negligence, their living loved ones may be eligible for compensation.  To fight for what the deserve from the responsible party, they need to file a wrongful death lawsuit.   These lawsuits can be filed by living family members of the deceased or on behalf of the deceased’s estate, and they will be fought by a personal injury attorney in Miami, FL.   

Family members can file wrongful death lawsuits on behalf of the deceased.

If you are a family member of someone that died at the hands of a negligent or irresponsible individual, you will want to reach out to an attorney to determine this.  This includes parents, spouses, and children of the diseased.  

Determining the cost of life requires evaluation of many factors.

Although it is something you never thought you would have to consider, you will want to know the answer to this question.  What is the value of their life?  The courts will decide this based on a few factors, like the income they were making at the time of death and the estimated income in the years they had ahead of them.  They will also consider their overall potential, including their community, lifestyle, and activities.

Intentional killings can also be wrongful death lawsuits.

Many people do not know that intentional killings can also be filed under wrongful death lawsuits.  In fact, OJ Simpson was tried for the wrongful death of Nicole Brown and Ronald Goldman in the early 1990’s.  These civil lawsuits were filed in addition the criminal lawsuits that became popularly covered by the media.

There is no jury present in wrongful death cases.

Unlike many other court cases, wrongful death cases will be tried in courts without a jury present.  The plaintiff’s attorney will argue that the defendant is the person who is responsible for the death of your loved ones by presenting testimony and evidence to support your case.  If the attorney can prove this, there will be a monetary settlement at the conclusion of the case.

Pain and suffering will factor into your settlement.

Some deaths occur instantly, while others occur after medical intervention, pain, and suffering.  For example, if your loved one had many surgeries, therapy sessions, or just a decreased quality of life after their injury, this may factor into the settlement of your case.  You may also be compensated for these medical expenses and their pain in your settlement.

There is a statute of limitations on when you can file your wrongful death lawsuit.

Each state has different laws regarding these statutes of limitations on wrongful death lawsuits and when you need to file them.  Please talk to your local attorneys to determine whether your case can still be tried or not.

These are just a few facts about wrongful death lawsuits that can help prepare you for the process ahead.  If your loved ones have been the victim of a personal injury that resulted in death, you will want to fight for their compensation today.  Contact our personal injury attorney in Miami, FL to hear how we can help you with your case today.

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