These days, people are constantly subjected to some kind of a dangerous situation. This is especially true for the people that live in crowded city districts. The streets are filled with inexperienced and bad drivers that can make a bad decision at any moment, which could lead to a serious injury and even death. Unfortunately, the government takes these kinds of situations very lightly. Muggers, bad drivers, or whoever that might cause wrongful death, are never considered to be a serious threat and are not punished as they should be.
If you are a person who has experienced a loss in such a way, I am sure that knowing that the perpetrator is not fairly punished can be an awful experience. It is normal to feel the need for justice. With justice, you can finally let go of the person you have lost in peace.
However, dealing with such negligence legally can be quite difficult. You will require legal/professional help that can and will support your case to ensure that you get the justice that you deserve. But, before you get yourself in such a complicated situation, here are some of the things you need to know about wrongful death lawsuits.
What exactly is a wrongful death lawsuit?
Well, the explanation for this type of lawsuit can be pretty straightforward. If the negligence of a person leads to a serious injury (which ultimately leads to death) or death to another person is wrongful death and that can be turned into a lawsuit.
What does negligence exactly mean in this kind of situation? Well, this can be anything from carelessness, intoxication, incompetence, or many other things.
To help you understand things a little bit better, I will give you a detailed example. An experienced driver (3+ years) is driving down a local road, which means he or she should not drive over 50 km/h or 30 mph. If the driver is going at speed over that limit because of carelessness and manages to hit a person crossing the street that results in a person’s demise, this is a wrongful death.
The driver should never have been going over that speed limit, he or she should have been aware of their surroundings and should always have been prepared for a pedestrian.
Am I eligible for such a lawsuit?
Assuming that you have lost a loved one, a family member, or someone very close to you in this kind of situation, you are now probably wondering whether you are eligible to file a lawsuit. And, it is good that you feel this way. It is the people’s job to ensure that negligence should be punished, especially when it leads to someone’s demise.
Since I do not specifically know about your case in your situation, I cannot exactly tell you whether you are eligible for a lawsuit. Although, I do have to mention that when it comes to your children or your parents, you’re probably more than eligible to take this to court.
However, according to TheLawCenter, you should at least talk to a compassionate attorney that will be able to tell you whether you should take this case to court. Even if you do not decide to look for justice, it is still nice to talk to someone that can understand your situation. Most attorneys have dealt with at least a dozen of these cases, so they know what you’re going through.
How much time do I have?
If you have just discovered the possibility of a lawsuit for wrongful death, you’re probably wondering whether you are still eligible for making a case. There isn’t exactly a direct answer to this question because the time limit for suing will vary in the state.
For example, in Texas, you only have two years to start your lawsuit. Wisconsin allows for three years to pass and there are probably some states that allow for even more time. Unfortunately, if the time limit has passed, you will not be able to make a case out of this.
This is why it is very important to start working with your lawyer to make a case as soon as possible.
How much could I get out of this?
I am sure that you want to know exactly how much you can sue for this kind of situation since hiring an attorney and spending so much in time in court is not cheap. But, like the previous question, there is no exact answer to this question because, again, it varies by state.
However, I can tell you that certain states have a maximum compensation limit. Some have a maximum of $500,000 when it comes to a deceased minor and over $350,000 for a deceased adult. Again, this will vary by state and by the case you make. The medical expenses, your expenses for burial, and every other problem you have faced because of this wrongful death will determine how much money you can get at the end of the lawsuit.
Who pays in the end?
You’re probably wondering who will be able to pay out so much money for a lawsuit. What happens if the person at fault does not have this kind of money? Well, most of the time, the insurance companies are the ones that will have to make the compensation. They are legally bound to provide you with the money that you are owed.
It will be a long and difficult process
In most cases, these lawsuits are never easy and will require a lot of your time, money, and effort. So, before you decide to make a wrongful death lawsuit, you should first consider whether you will be able to endure the next couple of weeks, months, or even years of courts, attorneys, and insurance companies.
If you do not feel ready, you can always start the lawsuit a couple of months later.
After reading through this article, I’m sure that you are finally ready to redeem your lost loved one and finalize that wrongful death lawsuit.