Your Guide to Wrongful Death Settlements
If you get injured and someone else is to blame, you can often sue for medical bills. However, if a loved one passes because of someone's inappropriate actions, you may be able to file a wrongful death lawsuit. If you would like to know more, keep reading.
What Constitutes Wrongful Death?
If another person's negligence or misconduct caused another person's death, it may constitute wrongful death. Common cases of wrongful death include:
- Medical malpractice
- Auto collisions
- Manufacturing defects
- Criminal behavior
- Nursing home neglect
Wrongful death cases are considered civil cases, which require less burden of proof than criminal cases because you only have to prove they were most likely responsible for the death. In a criminal case, the state would need to prove guilt beyond a reasonable doubt. For this reason, even if the defendant wins their criminal case, you may win the civil case.
Who Can Seek Compensation for Wrongful Death?
Typically, in Wisconsin, the executor of the estate can file a wrongful death lawsuit. However, family members can also file claims. Typically, the spouse or domestic partner files the lawsuit, but other family members may also file a claim instead, including:
- Children and grandchildren of the deceased
- Parents of the deceased
- Grandparents of the deceased
- Siblings of the deceased
The state usually sets aside some of the settlement for any underage children, regardless of who files the claim. In most cases, you can file for medical expenses and funeral or burial expenses. However, in some cases, you can also sue for:
- Lost future income/retirement funds
- Loss of inheritance
- Loss of companionship
What Are the Best Tips for Winning Your Case?
To win your case, start by keeping track of all medical bills and related expenses, and document everything related to the accident. Don't forget that you need to file the claim within three years of the date of the loved one's passing (two years in the case of auto collisions), or else it will face automatic denial.
Also, hire a wrongful death attorney. Not only do they have the skills and experience, but they have relationships with judges and other attorneys. Plus, they'll do most of the legwork so you can focus on planning for the funeral and consoling each other.
If you have social media, make your accounts private or monitor what you post. As with personal injury cases, the courts may try to use your posts against you. For example, they might use a photo of you smiling with friends to argue that you didn't lose companionship.
How Much Does a Wrongful Death Attorney Cost?
Every attorney is different, and they each have different rates, depending on their case history, experience, and location. In many cases, attorneys charge a flat rate to retain them, but they also charge an hourly rate. Depending on the situation, you may need to pay upfront or as you go.
However, many personal injury and wrongful death attorneys only charge you if you win your case. They wait until the settlement is awarded and then take a percentage, usually about 10 to 50 percent. If you don't win, the attorney doesn't receive payment. This is a safe and affordable way to file a lawsuit, making it easier for more people to seek settlements for wrongful death cases.
If you've lost a loved one to someone else's negligence or purposeful harmful actions, you may be able to receive a wrongful death settlement. This money can help you get your life back together and pay for your loved one's final expenses, making the transition less stressful. If you would like to know more, contact us at Janssen Law, LLC, today.
