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Wrongful Death Awards: What's Involved in a Wrongful Death Lawsuit...
Wrongful death awards can be quite high for obvious reasons. How can
you put a dollar amount on a human life?
In theory, a wrongful death lawsuit doesn’t work much
differently than any other
personal
injury lawsuit. The only big difference here is that the
stakes go up considerably.
When suing or seeking a settlement
for wrongful death, you'll find yourself or your wrongful death
personal injury attorney going through the same basic
steps.
You've got to be able to identify the cause of death, show that it
occurred because of someone else's negligence,
and then
demonstrate that they are liable.
If this occurs then they're
responsible for paying a wrongful death settlement, just as they
would've been in a personal injury case.
The idea of
wrongful death awards is relatively new. In the past there
was no means of getting
compensation for anything further than personal injury. If the injured
person died, then the law assumed there was no one left to compensate
for the injury.
This made sense from a legal point of view for
a very long time. When the law viewed the deceased as the only victim,
damages couldn't be awarded to anyone. As for protecting people from
being killed, there was criminal law.
Obviously there were a
number of problems with that view.
First,
in the eyes of the
defendant, it almost made it more favorable for an accident victim to
die.
Second,
a lot of deaths happen as a result of things
not punishable by criminal law. This leaves no legal deterrent against
certain actions.
Third,
there are almost always
more victims than just the deceased.
Wrongful death awards are given because the family of the victim
experiences large damages,
usually larger than those in a personal injury case.
The obvious damages
are direct monetary losses such as funeral costs. Believe it or
not, funeral costs usually total more than the average medical bill in
a personal injury case.
On top of that, there's
an incredible amount
of pain and suffering. The punitive damages asked for in
wrongful
death awards can be staggering.
Then there's loss of
income. While an injured person loses a few days, weeks or
months of
work, the wrongful death victim loses a lifetime.
If
their income was a key part of the family's survival, then that's a lot
of money to cover. Because of these types of factors wrongful death
awards will often be far more for a younger person than an older
person.
Under no
circumstances should you attempt
to file a wrongful death claim without consulting a wrongful death
personal injury attorney.
In
certain situations an insurance company will know they're in trouble
and, in turn, throw a large amount of money at you. Don’t
accept it.
Consult with a wrongful death personal
injury attorney and do the
math. Is their offer fair? Probably not. Can you get more if you file a
wrongful death lawsuit? If the answer is yes, then you'll almost always
want to hire the lawyer to work the case for you.
Like the more
complicated
personal injury cases, this is a situation in which you'll
need expert
legal help. There are too many factors and calculations to make and the
stakes are far too high to trust the case to your own inexperience.
You
must hire a good lawyer to get the absolute best wrongful death award
you can.
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from Wrongful Death Awards to Legal Self
Help
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from Wrongful Death Awards to Personal
Injury Settlement Guide
Personal Injury Areas
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