All victims of accidents have the right to pursue a personal injury claim. They also get the right to recover compensation for losses. But what if the accident caused a person’s death? In such a tragic situation, the surviving family can pursue a wrongful death lawsuit.

Losing a loved one to death is never an easy thing to handle. It can take a huge emotional toll on the surviving family members. It can cause financial hardship as well. It is even more difficult to accept the loss if the death occurred due to another’s negligence. After all, you cannot turn back time and bring back your dead loved one. But, you may find some peace and acceptance if you can hold the other party accountable. And if you get the compensation you and your family deserve for the loss.

Is the death of your loved one a result of someone else’s negligent or wrongful conduct? As a surviving family member, a legal remedy can aid you. But take note that this lawsuit is going to be a hard and long battle. As such, you will need to know all about wrongful death. This article will tell you what you need to know about wrongful death damages and how to prove it. You will also learn the answer to the question: how long does a wrongful death lawsuit take?

Wrongful Death Damages and How To Prove It

You might be wondering, what does wrongful death mean? It is often defined as the death of a person caused by a wrongful act, negligence, or default. Death caused by breach of contract or warranty of any person is also called wrongful death. When this occurs, surviving family members can file a wrongful death lawsuit.

Keep in mind that wrongful death cases can happen in any situation. Common occurrences for such cases include the following:

• Intentional: Intentional act often includes murder and assault. For such a case, you can pursue a wrongful death lawsuit. A battery that resulted in death is also under this type of wrongful death case.
• Negligence: You can pursue a legal case against a defendant who’s a victim of negligence. Examples of wrongful death cases due to negligence are car accidents and slip and fall cases. Other examples are defective products, dog bites animal attacks, and construction accidents.
• Malpractice: Some doctors behave below the needed professional standard of care. This often results in a wrongful death lawsuit. In such cases, the plaintiffs need to prove their failure was the direct result of the death.

Yes, it is crucial to know what can cause wrongful deaths. But it is also important to understand who can pursue a wrongful death lawsuit. Usually, surviving spouses and parents or children can make this type of claim. But, a personal representative of the deceased person’s estate can also pursue a case.

In this kind of legal case, the plaintiff needs to prove that the incident is a wrongful death. So, how do you prove wrongful death? Plaintiffs should prove the following:

• That the person committed an intentional wrongful act
• Their actions were the direct cause of death
• That there are damages associated with the death of the loved one

Once proven, surviving family members will receive compensation. Or the party who caused the death will offer a settlement. So how long does a wrongful death lawsuit take usually? The length of time it takes to settle this kind of case varies. Some cases settle fast, like within months. But others may not settle for several years. After all, a thorough investigation of the case and gathering evidence takes time.

If the negotiations are successful, your lawyer will help in the rest of the process. This is until the money is in your hands.

Are you wondering how much a wrongful death lawsuit is worth? At present, no reliable data is available on the average value of a wrongful death case. You see, claim value depends on a whole host of very case-specific factors. Said factors include the following:

• The age, income, and earning capacity of the deceased person when they died. This is in light of their life expectancy and other variables.
• The age of the plaintiff as well as the nature of their relationship with the deceased.
• The specifics of the state’s wrongful death law. Especially when it comes to who can recover what.

Hire the Lawyer You Trust

Hire a trusted wrongful death lawyer in Orlando from Warner and Warner. Our lawyers can help represent the family members who have lost a loved one due to wrongful conduct. We can help you navigate the complex wrongful death laws. We ensure you receive the compensation you deserve and hold the responsible accountable. You can send your queries to info@warnerandwarner.com. You can also reach us at (321) 341-6785 or drop us a line here.