Frequently Asked Questions

A wrongful death lawsuit is a legal action brought against a person, company, or entity when the death of an individual is believed to have been caused by their negligence, intentional actions, or misconduct. These lawsuits are typically filed by the surviving family members or representatives of the deceased person's estate.

The purpose of a wrongful death lawsuit is to seek financial compensation for the damages caused by the death, including medical expenses, funeral and burial costs, lost income, loss of companionship, and pain and suffering. The specific laws governing wrongful death lawsuits vary by jurisdiction, but they generally allow certain family members, such as spouses, children, or parents, to file a claim on behalf of the deceased.

Most wrongful death lawsuits stem from negligence accidents. This could include almost any incident that occurs because of someone’s carelessness or recklessness. When one party’s negligence causes another to suffer injuries, this generally supports a personal injury case. When they die from their injuries or complications, a wrongful death case is possible.

Some of the most common types of cases resulting in fatal injuries that we handle include: 

• Bicycle accidents
• Birth injuries
• Boating accidents
• Auto accidents
• Construction accidents
• Medical malpractice
• Motorcycle accidents
• Pedestrian accidents
• Slip and falls
• Truck accidents

It is also possible for an intentional act to cause a wrongful death. This usually occurs when a crime victim dies from their injuries. This is possible in almost any violent crime, including domestic abuse, robbery, or rape. While the perpetrator will likely face criminal charges, a civil case will allow the victim’s surviving family members to recover compensation and get justice.

The cost of hiring a wrongful death attorney can vary depending on several factors, including the complexity of the case, the experience and reputation of the attorney, the location, and the fee structure they use.

Some wrongful death attorneys work on a contingency fee basis, which means they only get paid if they win the case, and their fee is typically a percentage of the final settlement or award. Contingency fees can range from around 25% to 40% of the total recovery, although this can vary.

It's important to discuss fee structures and potential costs with any attorney you're considering hiring so you have a clear understanding of what to expect and can make an informed decision. Additionally, many attorneys offer free initial consultations, so you can discuss your case with them before making any commitments.

The time it takes to settle a wrongful death case can vary widely depending on various factors such as the complexity of the case, the willingness of the parties to negotiate, the court's schedule, and the laws and procedures in the jurisdiction where the case is being heard.

Some cases may settle relatively quickly, within a few months to a year, especially if liability is clear and the parties are motivated to reach a resolution. However, more complex cases or those where liability is disputed can take several years to resolve, especially if the case goes to trial.

It's essential to consult with an experienced attorney who can provide guidance tailored to the specific circumstances of your case. They can give you a better idea of the timeline based on the details of your situation.

The amount of compensation you could receive in a wrongful death settlement varies greatly and depends on numerous factors such as:

1. Jurisdiction: Laws governing wrongful death cases vary by state and country, affecting the potential settlement amount.
2. Economic Damages: This includes factors like the deceased's medical expenses, funeral costs, lost income, and potential future earnings.
3. Non-Economic Damages: These are less tangible losses such as pain and suffering, loss of companionship, and emotional distress experienced by the surviving family members.
4. Punitive Damages: In some cases, if the defendant's actions were particularly egregious, the court may award punitive damages to punish the responsible party.
5. Insurance Coverage: The defendant's insurance coverage, if applicable, can also impact the settlement amount.
6. Strength of Evidence: The strength of the evidence supporting your claim, including witness testimony, expert opinions, and documentation, can influence the settlement negotiations.
7. Defendant's Resources: The financial resources of the defendant or defendants may affect the amount they are willing or able to pay in a settlement.

It's essential to consult with a qualified attorney who specializes in wrongful death cases. They can provide a more accurate estimate based on the specifics of your case and help you navigate the legal process to pursue fair compensation.