Five Questions to Understand Wrongful Death Cases

Five Questions to Understand Wrongful Death Cases

Wrongful death cases are some of the most difficult and emotional cases that are handled by our attorneys.  However, they are also the ones that we fight the hardest for the clients.  Wrongful death lawsuits are complicated, because the individual that suffered is no longer with us.  They are not able to fight on their behalf, which means that other members of their family will need to take on this burden.  As a personal injury attorney in Orlando, we advocate for these families as they deal with the emotional toll of their loss.  These are a few questions that can help you better understand wrong death lawsuits.

Can I file a wrongful death lawsuit?

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.  

How do they determine the cost of my loved one’s life?

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.

What is the legal process like in wrong 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.

Will their pain and suffering be a factor in the case?

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.

Is there statute of limitations on wrongful death cases?

Yes.  Each state will have 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.

By answering these questions, you can have a better understanding of how to proceed with your wrongful death lawsuit.  If you want to take legal action for a family member that has died as a result of a personal injury, contact our personal injury attorney in Orlando to schedule your consultation with us today. 

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