You can file a wrongful death lawsuit against somebody or against a company when someone gets killed either intentionally or due to pure negligence. A wrongful death lawsuit seeks for a legal action or civil remedy to compensate monetary losses and damages.

The plaintiff is the one filing the case and the defendant is the one being sued. It can be filed separately from any criminal charges because a wrongful death lawsuit is a civil case.

Since they are separate cases, they also have different sets of juries. The defendant can be found guilty for both charges, one of the charges, or none of the charges. The decision will all depend on what the jury thinks and how they see all the evidence presented.

The Waiting Game

Claims for wrongful death lawsuits differ for every case. It may take several months to a few years before a settlement can be made. Even getting legal help cannot assure a quick settlement. Exactly how long does a wrongful death lawsuit take? It will depend on both parties involved, available evidence and the investigation itself, regardless if it goes to trial or not. Based on experience, legal experts say that it may take a year or up to four years on average to have a settlement.

If the defendant is willing to give the compensations demanded by the plaintiff without a fight, then the settlement will be quick. The case will need to go to trial if the parties involved cannot meet eye to eye even after negotiation attempts. It may then take a while for a settlement to happen.

Who Can File a Wrongful Death Lawsuit

Statutes on wrongful death differ in every state. Not everyone can file a wrongful death lawsuit, and not just anyone can be sued for it. In some states, there are people and agencies that cannot be sued because they have immunity. The following people can file a  wrongful death case in all states, but it is always best to check existing regulations in your state to know your options and what you need to do next.

• A legal spouse for the wrongful death of their deceased spouse
• Minors for the wrongful death of their parents
• Parents for the wrongful death of their minor or unmarried children

Aside from the people mentioned above, different states have different take on who else is eligible to file for a wrongful death case. The bottom line is the more distant your blood relationship is to the decedent, the harder it will be to get a wrongful death claim. Establishing financial dependence on the decedent may also help support your case.

• Parents for the wrongful death of their adult children
• Adult children for the wrongful death of their parents
• Siblings for the wrongful death of their siblings
• Common-law spouse for the wrongful death of their partner

How to File a Wrongful Death Lawsuit

Civil cases have limitation periods called “statute of limitations.” Check with a qualified attorney what the statute of limitations is in your state to know if your case will still be valid for filing or not. There is also the “discovery rule,” where the start of the limitation period for the validity of the case will be based. Again, always check your state’s wrongful death laws and regulations to verify this information. Below are common causes of wrongful death lawsuits.

Medical Malpractice

Medical professionals are still humans and are prone to make mistakes no matter how good they are. This happens when they don’t follow proper procedures, misdiagnoses, errors during treatment or medical procedures, or simply if they missed something that caused the decedent’s wrongful death.

Vehicular Accidents

This is the most common cause of wrongful deaths. The majority of the cases are due to driver’s negligence, including reckless driving, driving under the influence of alcohol, speeding, etc. If the accident is due to road issues, the county or city will be the one liable and not the driver.

Work-Related Accidents

Some people are at a higher risk of accidents and deaths due to the nature of their jobs, or if their employers put their employees in danger, may it be intentional or not. An employer can be held liable if they forced you to work overtime to beat a deadline, and on your way home, you ended up dead in a car crash due to overfatigue.

Defective Products

Manufacturers are the ones liable for this. Most cases involve wrongful deaths due to adverse drug effects, defective automobiles, toxic toy poisoning, etc.

Criminal/ Illegal Activities 

If someone died on another person’s property due to illegal activities, you may have a valid wrongful death case. This may be caused by property owners violating or ignoring proper building codes and disregarding public safety in general. They are held responsible for keeping and maintaining the safety of their properties. Poor security measures, inadequate lighting, under staff, etc., which allow people to do criminal acts resulting in wrongful deaths, are included in the property owner’s liabilities.

Experts Take on Wrongful Death Claims

If you can and are willing to hire a legal professional to file a wrongful death lawsuit, your chances of getting a fair or a more favorable claim are high. They will look at all the possible scenarios and angles, including evidence and witnesses that may help you get the best compensation for your loved one’s wrongful death.

Your lawyer can include an economist’s opinion on the life expectancy and financial losses incurred by the decedent’s wrongful death. If the wrongful death case arises from an injury, the decedent should have successfully filed a personal injury case for you to have a valid wrongful death case.

You can file and fight for the following financial and emotional damages both as a survivor and as a representative of the decedent. All claims are in the form of monetary settlement with interest.

• Medical expenses
• Funeral expenses
• Out of pocket expenses
• Loss of income
• Loss of support
• Loss of potential inheritance
• Loss of parental guidance
• Loss of love and affection
• Mental sufferings
•  Grief and sorrow

Hire the Best Wrongful Death Lawyers in Orlando, Florida

Warner & Warner law firm has the best wrongful death lawyers in Orlando, Florida. Reach out to us and we’ll help you understand your case the best possible way we can. We are dedicated to bringing justice to all our clients and we’ll use our knowledge and experience to get what you truly deserve.