Wrongful Death: Do I Have a Case?
The person suing for wrongful death must have had a close relationship with the deceased person. Usually, the plaintiff is a surviving spouse, child or heir of the person who died. The entity being sued will either be an individual, company or government agency that is seen as being liable for the death. Loss of companionship may be mentioned in the suit, as well as burial expenses and even damages for suffering undergone by the deceased person before they passed away.
When you speak to a qualified San Bernardino wrongful death lawyer, they should be able to provide you with specific information relating to your case. For example, if your family member was mistreated by a physician or nurse working as an employee at the hospital, you may be entitled to compensation. Also, in some cases, the hospital may have been negligent in their hiring practices. Once you begin working with an attorney who takes on wrongful death lawsuits, you will have a more clear picture of how the case will proceed.
Why Do I Need an Attorney for a Wrongful Death Lawsuit?
The field of wrongful death law can be very complicated. Varying from state to state, each case can encompass a great deal of legal real estate. When you’re in the throes of emotional distress and grief, it’s crucial to work with an attorney who possesses a nuanced understanding of wrongful death law. After an initial consultation and some research, a San Bernardino wrongful death lawyer will be able to track down the necessary information to expedite your case. When you have suffered at the hands of another, it’s essential that you are compensated for your troubles.
Where and How Do I File a Wrongful Death Lawsuit? How Long Do I Have?
There are a lot of important details to keep track of if you’re filing a wrongful death lawsuit, especially in the state of California. First, you will need to file the suit in court. This needs to happen before two years has elapsed. In California, the date of the incident that caused the death is considered the two-year mark. In other words, if your loved one experienced an accident and then passed away as a result one month later, then you will have to file the claim before the two-year anniversary of the accident—not the date of death. Of course, as with any legal case, the sooner you begin to explore your options, the more time will be on your side. When you’re dealing with an overwhelming situation like this, talking to a San Bernardino wrongful death lawyer can help to alleviate some of the pressure with deadlines, allowing you to have some peace of mind during what can be a stressful process.
How Long Is This Process?
In wrongful death situations, the attorney often needs to spend a great deal of time researching. Although it is highly unusual, some cases may only take a few months to settle. In these instances, there are usually special circumstances that compel the defendant to settle quickly. However, the average time for cases to come to their conclusion tends to hover at around one to four years.
How Do I Prove Wrongful Death?
In wrongful death cases, a death has to have occurred as a result of the incident that is being investigated. Proving wrongful death varies widely from case to case. A medical malpractice case will be researched in different ways than a product malfunction will be studied. Attorneys in this field are experienced at uncovering the necessary facts.
How Much Money Do I Receive If I Win My Wrongful Death Lawsuit?
Again, the numbers have a wide range. Depending on the unique circumstances, a figure will be determined. The victim’s age, profession and other critical factors will be taken into account. How much would they have earned if they were able to achieve an average life expectancy? If they left behind a child, that will also be considered. Because many of these cases are settled in private, unfortunately, it is impossible to know the ballpark figure for the average compensation in a wrongful death case. All of the heirs and other relevant parties will come to a legal agreement regarding their respective shares of the compensation. As always, it helps immensely to have an attorney sorting out these matters from the very start. An attorney will also advise you that any proceeds originating from wrongful death settlements are considered non-taxable by the IRS. Indeed, there are many details of wrongful death lawsuits that are unique. From the start of a claim to the potential payout, it can be a game-changer to have an informed attorney in your corner.