The loss of a loved one can be the most stressful event in anyone’s life. If that death was caused by someone else’s negligent conduct, surviving family members may have the legal right to file a wrongful death lawsuit and receive compensation.
Wrongful death awards may cover both economic and noneconomic damages, such as funeral and burial expenses, lost income, and emotional suffering. An experienced lawyer will thoroughly investigate the case and work to determine its full value. Connect with Duluth Wrongful Death Attorney for reliable help.
When someone dies due to the negligence of another, the victim’s surviving family members have the right to receive full compensation for their losses. Our lawyers understand that the loss of a loved one is a difficult and emotional time, but we work to make sure your rights are fully protected. Our team will conduct a thorough investigation into the cause of your loved one’s death and compile all of the relevant evidence. We will also work to establish liability for the incident and determine the extent of your losses. This is an important step in a successful wrongful death claim.
Depending on the circumstances surrounding your loved one’s death, you may be entitled to economic and non-economic damages. For economic damages, our attorneys will seek to recover any medical bills and funeral expenses, as well as lost income from the decedent’s employment. In some cases, we will also pursue punitive damages against the defendant for reckless behavior that led to your loved one’s death.
Non-economic damages include pain and suffering and loss of companionship. In addition to these financial losses, a wrongful death case can include compensatory damages for emotional distress, loss of guidance and consortium, and the loss of a relationship with your loved one. Our attorneys will work to accurately assess the value of your claim and ensure that all possible damages are included in your case.
Wrongful death lawsuits are filed in civil court instead of criminal court, and they have a much lower burden of proof than criminal charges do. The plaintiff’s attorney must simply demonstrate that there is a “preponderance of the evidence” that the victim’s death was caused by the defendant’s actions or negligence.
A wrongful death action is often complex, particularly when it involves multiple parties. Our firm has the resources to investigate each party involved in your loved one’s death, and we will examine their insurance coverage to identify any potential sources of recovery. Our firm will also consult with financial experts to calculate the amount of economic and non-economic losses incurred by your family.
Statute of Limitations
Wrongful death lawsuits can provide surviving family members with compensation for their losses. While no amount of money can bring back a loved one, these awards can help to cover unexpected expenses, and they can provide a sense of justice by holding the proper parties accountable. But to have a chance of receiving compensation, the lawsuit must be filed within the statute of limitations.
The statute of limitations is the legal time period in which a person can file a wrongful death lawsuit. It varies by jurisdiction, and it can also change from case to case. It is important to consult a Wrongful Death Attorney in order to understand the laws in your area and whether there are any exceptions that may apply to your case.
For example, a wrongful death claim must be filed within two years from the date of your loved one’s death. But this timeline could be extended under certain circumstances. For instance, if your loved one died due to the actions of someone else and there is a concurrent criminal case, then this will delay the statute of limitations until after the conclusion of the criminal trial.
Additionally, the statute of limitations may be tolled (paused) if you or your loved one is a minor, or if they are mentally incapacitated. Similarly, the statute of limitations may be paused if there is an ongoing medical malpractice case related to your loved one’s death.
A wrongful death lawyer can assess your situation to determine the appropriate statute of limitations in your case. They can also assist in identifying any possible exceptions that may extend or shorten the limitation period.
Depending on the cause of your loved one’s death, there are various types of damages that you can seek. These include economic, non-economic, and punitive damages. Economic damages are designed to compensate you for your tangible financial losses, such as funeral and burial costs, loss of income and benefits, and the value of future financial contributions.
Non-economic damages are intended to compensate you for intangible losses, such as your emotional distress and pain and suffering. Punitive damages are intended to punish the defendant for their negligent, reckless, or wrongful acts.
Representation
The loss of a loved one can have far-reaching impacts on family members. In addition to grief and other emotional complications, they may also be dealing with funeral expenses and lost income. A wrongful death attorney can help them navigate the legal process and get compensation for their losses. They can handle the details of the case, ensure legal deadlines are met and work with financial experts to calculate the total value of their losses.
Wrongful death cases must be filed within two years of the date of your loved one’s death in order to maintain your right to claim compensation. This can seem like a long time, especially when you are already dealing with funeral expenses and other grieving issues. However, it is important to hire a wrongful death lawyer as soon as possible to preserve your rights and to avoid missing any crucial legal dates.
During the free consultation, your attorney will determine if you are eligible to file a wrongful death lawsuit and what damages you might be entitled to receive. They will also gather relevant documentation, including medical records, police reports, and any other relevant paperwork. They can also negotiate with insurance companies on your behalf to ensure they don’t offer you a lowball settlement that doesn’t adequately compensate for your losses.
They can also file a lawsuit against the responsible party if the wrongful death was due to criminal acts or gross negligence. For example, if a physician made an error in treatment that ultimately led to your loved one’s death, they can be held civilly liable for their actions. Similarly, if someone commits murder or other serious crimes that result in a wrongful death, they can be charged with a crime and face prison time.
While no amount of money can replace your loved one, a wrongful death claim can provide financial relief to cover expenses and pay for future care. The death of a family member is a tragedy no one should have to endure alone.
Confidentiality
As a general rule, wrongful death settlements are not public record. However, if a lawsuit is filed against a government entity and any part of the settlement stems from state funds, open-record laws make it possible to obtain the terms of the settlement from public records. Your attorney could advise you about whether this applies in your loved one’s case.
Aside from this issue, wrongful death cases do not normally involve sensitive or private information. This is why the vast majority of wrongful death claims include confidentiality clauses in their settlement agreements. It is understandable that plaintiffs and defendants would want to keep the amount of compensation they have received private.
The only exception to this is when the deceased person was a minor and a parent brought the claim on their behalf. However, most of the time, a personal representative is named to bring the claim on behalf of the estate.
This person can be either the surviving spouse or adult child, depending on state law. The representative will also have the sole right to file a wrongful death claim. Some states allow anyone deeply affected by the loss to file a wrongful death suit.
Physician-patient privilege is a major issue that can arise in wrongful death cases. This is an area of ongoing debate and controversy, since a patient’s privacy rights do not automatically extend to the aftermath of their death. Your wrongful death attorney can help you navigate this issue and ensure that your loved one’s medical records are available for use in the case.
Most wrongful death claims are combined actions that claim both a wrongful death and negligence claim. This type of action helps to maximize the potential damage amounts that can be recovered. However, this often requires a waiver of the psychotherapist-patient privilege in cases that claim mental or emotional injuries in addition to physical ones.
Wrongful death lawyers are well versed in the issues associated with wrongful deaths and other types of personal injury cases. They can advise you about how to proceed and what issues to consider when negotiating with the insurance company for the liable party. They can even overcome the doctor-patient privilege if necessary to ensure that you get the maximum recovery possible for your losses.
