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What should you know about bringing a wrongful death case?

On Behalf of | May 12, 2021 | Wrongful Death |

If you have lost someone you love in an accident, then you may be wanting to bring a wrongful death claim against the responsible party. You should know that bringing a wrongful death case isn’t always simple and can take a long time. Depending on whom you’re making a claim against, it may be difficult to collect as well.

There are many factors that influence a wrongful death case. For example, the settlement for your loved one’s death may be based on:

·       Their age

·       Their future earning capacity

·       The individual’s lost wages

·       Mental anguish

·       Funeral and burial costs

·       Loss of companionship

·       Options for recovering compensation

In a best-case scenario, you’ll be able to make a claim against another party’s insurance policy. Insurance policies tend to have fairly high policy limits, so they should pay out a reasonable amount. This isn’t the only way to get compensated, though.

If the person who killed your loved one is wealthy, you may be able to pursue a claim against them directly if they did not have insurance coverage or if that coverage was not enough. In a case where your loved one was killed by someone who was on the job, you may be able to pursue a claim by filing a lawsuit against the person and their employer.

These are all factors to keep in mind as you decide how to pursue compensation.

How long will it take to settle a wrongful death case?

Every wrongful death case is different, so the length of time that it takes to resolve the case may vary based on the specifics of your loved one’s death and how clear it is that the other party was at fault.

Most claims are settled outside of course, but it is possible that your attorney could take it to court if you don’t receive a wrongful death claim settlement offer within a reasonable amount of time or if the settlements that you’ve been offered aren’t fair. They’ll go over the length of time they believe the case should take so that you’re aware of the time to budget for moving forward.