Frequently Asked Questions | Have You Been Hurt in an Accident?
If you or a loved one has been hurt or killed in an accident, you may be interested in contacting a wrongful death attorney or a personal injury lawyer. Here are some of the most commonly asked questions dealing with these circumstances.
How Do I Know If It’s “Wrongful Death”?
If the death of the party involved was directly or indirectly caused by the third party, you likely have a case. Get in touch with a wrongful death attorney to get into detail about the case. Many firms have free consultations that will help inform you as to whether or not you’ll want to retain their services.
Who Can File For Wrongful Death Claims?
It differs from state to state, but in most states those in control of the deceased’s estate is who can file a suit. That most often means parents, spouse or children, and unfortunately usually doesn’t include non-married partners, though it is worth looking into with a lawyer.
What Can I Receive In Damages?
Monetary benefits to account for costs accrued such as loss of income, medical bills, funeral costs and other financial damages should be paid for. In addition, monetary compensation exists for mental anguish, pain and suffering accrued as well. Again, consult with a lawyer to find out what you might expect financially from a case such as yours, as not all cases are eligible for punitive damages, especially if intent was absent by the perpetrator.
What Are Some of the Common Causes of Injury and Death in Personal Injury and Wrongful Death Suits?
Every year, over 2.3 million Americans are injured in car accidents, and 37,000 are killed, with many of them being young people. Unfortunately, these accidents are often due to negligence, which can often result in wrongful death and personal injury lawsuits. Other common causes include medical malpractice, workplace injury and boating accidents.
Do All Wrongful Death and Personal Injury Lawsuits Go to Court?
As with many civil lawsuits in this day and age, wrongful death and personal injury lawsuits are often settled before going to trial. However, that isn’t always the case. Finding a quality lawyer can have a big impact on whether or not you settle, and how much you are able to settle for.
What If I Can’t Afford a Wrongful Death Attorney?
Fortunately, many wrongful death suits are based on contingency, meaning the law firm will take a percentage of the money awarded in the suit rather than being paid up front. If no money is awarded, no fee is required to pay the lawyers.
What is the Statute of Limitations on Wrongful Death Suits?
Well, it differs from state to state, but more often than not, it is a two year statute of limitations. There are sometimes exceptions made, but it’s better to get it done as early as possible. Get in touch with a lawyer to see how you might qualify if you are out of that range, or find out if your state of residence has differing laws.
Have you had experience in personal injury or wrongful death lawsuits? Did you hire an attorney, and did you go to trial or were you able to settle? Share your thoughts and experiences down in the comments.