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Wrongful Death Claim Tips and Tricks

 August 18, 2021

By  BC Editorial Team

Death is very cruel. It can take away your loved one. Still more, there is nothing as painful as wrongful death. It can leave you devastated and emotionally affected. However, it can happen, leaving the dependents infuriated. However, life must continue. You can seek wrongful death settlement and carry on with life. The following tips and tricks will help you get the right compensation for a wrongful death case.

Common Scenarios

According to information from Kendall Law Firm, wrongful death occurs due to misconduct or negligence from another party. If a driver disobeys traffic rules and ends up causing death, he/she may be sued for wrongful death. The law dictates that those offering public services should carry out due diligence. Negligence that leads to death amounts to wrongful death lawsuits. So, if your loved one has died from a negligence-related accident, consider suing for wrongful death. You are entitled to claims.

How Is It Determined?

Wrongful death lawsuits are some of the most difficult cases, especially when it comes to determining the monetary value of your claims. In most cases, the court will use a certain formula to award you compensation. Here are some of the facts the court may use when awarding your settlement.

Age

The court will look at age. How old was the deceased person? An elderly person will be awarded less money than a young energetic person. This is because a younger person had so many productive years Infront of him/her.

Earning Capacity

Did the deceased person have income? If yes, how was his/her capacity? If the deceased person commanded huge income, he/she will attract more settlement. On the other hand, if the deceased has minimal income, the settlement will be lower.

Health

The health history of the deceased is also factored in when calculating the settlement amount. If the deceased was of sound health, the amount rewarded as compensation will be higher. On the other hand, if he/she had underlying health complications, the compensation will be lower.

Other Factors

Here are additional factors to consider:

  • Income of the deceased (at his time of death)
  • Education as well as training of the deceased
  • All the medical bills incurred
  • The amount spent in meeting funeral expenses
  • Heath insurance of the diseased
  • Pension of the diseased

Pro-Tip

You must have sufficient evidence in court. Here, you must liaise with economists as well as other experts when estimating the amount. Also, various circumstances must be considered.

How Its Paid

Your settlement will come from the deceased’s insurance company. However, the diseased should have liability coverage to qualify for good wrongful death claims. In most cases, this amount is limited by the insurance company. However, the judge will have to authorize the payment first. Plus, the process can take time. Therefore, it’s important to embrace patience. Hiring the right wrongful death attorney will boost your chances of getting the best settlement.

Taxation

There are no tax obligations attached to wrongful death payments. According to IRTS, you cannot tax payments that come from wrongful death claims. However, the payments should be compensatory in nature. The damages are meant to cover the pain as well as sufferings encountered through the case. Thus, it’s important to work with a reputable lawyer to guide you through the process. Plus, a lawyer will ensure that your rights are safeguarded. Remember, the deceased must get justice. The best way to give him/her justice is by getting the right settlement.

Can You Appeal?

Don’t get a raw deal. If the amount awarded is insufficient, take your case to full trial. Instruct your lawyer to file the case in court, He/she will attempt to prove how the damages are insufficient and why you need a better settlement. If your case is successful, you will get a better offer. Embrace patience. Don’t accept any offer that comes on your way. Don’t be too quick to accept a settlement from the insurance company. If you don’t have a legal background, allow your lawyer to do the negotiation on your behalf.

The Role of Your Attorney

Of course, you can try to handle the case on your own. However, you will encounter several challenges. Remember, court cases can be complicated. Still more, court matters can be demanding. That’s why you need a wrongful death legal expert on your side. Besides protecting your rights, a wrongful death attorney will give you professional legal representation. He/she will do everything to get you the best compensation. Still more, a lawyer will advise you accordingly and handle all the legal matters in your case. He/she understands what it takes to collect evidence and how to litigate the case in court. Still more, a lawyer knows how to deal with difficult judges and other legal experts in court. He is knowledgeable and understands the court rules.

Top Wrongful Deal Lawsuit Questions to Ask

Wrongful death cases are very challenging. They involve a lot of processes. Plus, they can take time and money. In nutshell, wrongful death cases can be very draining. That’s why you need a lawyer to help you. Hiring a lawyer gives you the peace of mind you need to concentrate on other important matters. Plus, it increases your chances of getting the best settlement.

So, hire a good lawyer. Schedule an interview with the lawyer. Ask questions regarding your case. This is the time to know your lawyer. Let the lawyer understand the circumstances of your case. Tell the lawyer the emotional trauma you are going through. Additionally, ask the lawyer the fooling questions:

Why Should I Pursue the Case Yet It Will Not Bring the Deceased Back to Life?

Why should you pursue a wrongful death claim? Remember, this won’t bring your loved one back. So, what’s the main motivation behind taking your case to court? According to experts, pursuing a wrongful death case is about responsibility. This is a strong emotional desire to give the deceased justice. It will hold the accused person accountable. It will help establish liability. The second reason is financial compensation. Remember, the diseased had a family. There were people who depended on the diseased. This can have a huge financial impact on your family. That’s why pursuing a wrongful death case is a good idea. For instance, the remaining family members will need to work extra hard to meet obligations initially met by the diseased. The compensation will help cushion the remaining family members from any financial burden. Finally, you can pursue a wrongful death case for public safety purposes. Here, you will be attempting to bring the case to the public. This will prevent similar cases from happening in the future. Thus, don’t allow the party who caused wrongful death to go scot-free. Seek compensation. File your case. Hire a good lawyer for your wrongful death case and ease the financial burden on your family members.

Who Can Receive the Settlement from Wrongful Death?

The law is clear when it comes to the beneficiaries of wrongful death. The deceased’s spouse is entitled to recover money from a wrongful death case. In fact, he/she is the main beneficiary. Children come second. If the deceased left behind children, they are entitled to compensation. The deceased’s parents can also get part of the money from a wrongful claim. Also, the stepparents and stepchildren can also benefit from this claim.

Should I Hire A Wrongful Death Attorney?

Wrongful death usually leads to shock among family members. They will leave people mourning and grieving. This meaning that they don’t have the emotional strength to make wise decisions. That’s where wrongful death lawyers at Kendall Law Firm come in. Hiring a lawyer is a good idea. This is because the family will have an easy time mourning rather than follow up with the case. You, if you need that peace of mind, think about bringing a lawyer on board.

Division

How will the compensation be divided? For instance, the deceased may have several dependents. How will they divide the money? Will the court dictate the division formula? Ask your lawyer these questions before taking your case to court.

What Are My Options?

There are several types of compensation from a wrongful death claim. Understanding each type is important. Also, you should know the approximate amount you expect from a wrongful death claim. You can easily seek economic or non-economic damages. Ask your lawyer about these damages. Devise strategies for maximizing the damages. Understand what the law says about these damages. Factor in the following expenses:

  • Funeral expenses
  • Medical expenses
  • Loss of income.
  • Loss of inheritance

Additional Questions You Should Ask

Here are additional questions to ask:

  • How long will the case take?
  • How can we make the case move faster?
  • Where can I help?
  • How will it get concluded?
  • What are your roles in that case?
  • How can a lawyer help you get the right compensation?
  • Is there a chance to appeal a lost case?

The Bottom-Line

Get the right wrongful death settlement with the above tips and tricks. These are the tips that will give you maximum compensation.

BC Editorial Team


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