Whenever a wrongful death occurs due to the misconduct or carelessness of another individual, the family members and spouse are entitled to search for their compensation via wrongful death claims. Certain claims of wrongful death can be settled fairly quickly. They are sent off to the insurance company of the individual who is at fault, and that insurance company pays the claim. However, this is not usually the case. Often, claims take much longer for resolution, especially if the amount of compensation is high or the accident cause isn’t clear.
What Happens in the Average Wrongful Death Settlement Case
One of the reasons why individuals don’t pursue wrongful death claims is they don’t have the slightest idea how long a wrongful death lawsuit takes or how wrongful death settlements are paid out. So in order to provide context, a wrongful death case settlement goes as follows:
Whenever a lawyer is hired for a wrongful death case, they must comb through all information available. The responsibility for the accident can be placed on the carelessness of an individual who made one’s life significantly more difficult. For example: In the event police compile the evidence and provide very clear facts, an investigation for a wrongful death claim could move very quickly.
Wrongful Death Average Settlement Amount
Depending on the severity of one’s case, a wrongful death settlement can go anywhere from between $500,000 to well over $1 million. However, every wrongful death case has its own value and such a settlement can be significantly greater or smaller than the average. In addition to this, laws applied and what happened for the case to move forward are also major factors in the case.
How Are Wrongful Deaths Settlements Paid Out?
Many claims concerning wrongful death are settled out of the court, with some not even requiring suit. If a lawsuit is filed for the case, the process may go on for many months, even years as evidence is being gathered. If the case is headed to a trial, it’s likely that it will take years before one is paid.
Steps In A Wrongful Death Lawsuit
The steps for a wrongful death lawsuit are as follows:
- Preparing for litigation – Also known as pre-litigation, this is when a representative of the deceased individual must set up the estate, investigate, and identify/notify the parties responsible for the loss.
- Settling & Negotiation – This step isn’t part of every case, but could happen if the case is being settled out of court. For many, this tends to be the better option as it removes the risks that come with losing such a lawsuit, yet retains a settlement. If such an agreement isn’t reaching a conclusion in this phase, a wrongful death suit will be pursued. Negotiations will be performed via attorney, who will help the victim make important decisions.
- Suit Filing – When the negotiations do not work out, one must file their wrongful death lawsuit. Once the Writ of Summons or Complaint is filed through court, all of the defendants will be served such information.
- Litigation – This phase of the process will deliver requests for documentation, interrogations, a discovery phase, and so much more. This phase is where arbitration, trial and pre-trial will be handled. During these phases, it is possible that negotiations can be made to reach a settlement. If a settlement isn’t reached, such litigation continues until the case is completed in trial. The award will be assigned once the verdict is issued.
Contact Legal Bay Today!
A wrongful death lawsuit can be costly, which makes lawsuit loans an option that could fall into one’s interest. Lawsuit funding can be difficult during hard times, but pre-settlement funding and same day pre-settlement loans make pursuing justice that much easier. Contact Legal Bay today for further information.