Wrongful death lawsuits are cases in which the surviving family members of someone who has died due to the negligence or wrongful act of another party file a lawsuit against that person or company. Wrongful death lawsuits can be filed under federal law, state law, and international law, depending on where the individual was killed. This post will explore what wrongful death is and how these cases work in detail.
What is a wrongful death lawsuit?
In a wrongful death lawsuit, the “Plaintiff” is an estate representative for a person who was killed in an accident. Plaintiff’s goal in this lawsuit is to prove that another party or parties were responsible for their loved one being put into a position where they have been killed and that this fault caused the incident resulting in death. If the Plaintiff is successful in their lawsuit, they will be awarded compensation for both economic and non-economic damages.
When can you file a wrongful death lawsuit?
In order to file a wrongful death lawsuit, you must have a “cause of action,” this means you must be able to prove there was a legal obligation that was breached by the Defendant (the party you are filing your lawsuit against), resulting in the Plaintiff’s injuries.
The process of filing a wrongful death lawsuit
To begin the legal actions to file for compensation for damages caused by someone else’s negligence or wrongdoing, you must speak with a wrongful death lawyer in Gainesville, GA, who is knowledgeable about this area of law (they will be your attorney of record). The attorney will review your case and determine if you have a valid cause of action.
If the attorney determines you do, they will file a wrongful death lawsuit on your behalf. A defendant is served this lawsuit by the county sheriff or someone else authorized to make service of process. Once served, Defendant has a time limit to file a written answer to the allegations made by your attorney.
The process of filing a wrongful death lawsuit continues with the exchange of evidence and information up until trial, mediation, or settlement. After all, information is exchanged, you will either go to trial or accept a settlement offer from Defendant.
How much does it cost to file a wrongful death lawsuit?
There are costs associated with filing a wrongful death lawsuit. The attorney fees for filing the suit and representing you through trial or settlement negotiations will be your first expense. If the attorney requires additional services (expert witnesses, court reporter, etc.), these fees will also be paid by you.
This may also interest you: Difference Between a Survival Action and Wrongful Death?
Who pays for the costs of filing and resolving a wrongful death suit?
If Defendant is found to be at fault and responsible for your loved one’s death, they will compensate you for your costs of filing and resolving the lawsuit. The court may also award compensation for attorney’s fees and any other damages suffered as a result of the Defendant’s actions (such as loss of consortium). If someone else, other than Defendant, is found to be at fault for your loved one’s death, you will have to turn to them first.
If they are unable or unwilling to pay what they owe for causing your loved one’s death, then you will have to file a lawsuit against them. Then if the court finds them liable, their insurance company may compensate you for your costs of filing and resolving the lawsuit.
A wrongful death lawsuit is a legal action of pursuing compensation for damages sustained by an individual or individuals due to negligence. These types of lawsuits are especially helpful when it comes to securing funds that will help provide for a family member who has died as a result of another party’s carelessness, recklessness, lackadaisical attitude towards safety, and more.
