Wrongful death attorneys are very knowledgeable about evaluating the case, building the evidence, negotiating with insurance, and ensuring that the settlement for compensation for wrongful death fairly covers medical expenses, lost income, and emotional pain for the family.
That’s why we classify those types of deaths under wrongful death settlements. The intent of compensating families may take the form of a settlement that may be in lump-sum payments, structured payments, or both.
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Who Can Bring a Claim for Wrongful Death?
When death takes place by the wrongful acts of another, it is called wrongful death. It is not everyone who can maintain a wrongful death cause of action, depending on how the law differs from one state to another.
However, as a general rule, these are the people who may bring a claim:
Immediate Family Members
In almost every state, a spouse, child, or parent of a deceased person can bring wrongful death claims. These immediate family members are usually given first legal standing to sue. For example, a spouse may sue if his or her spouse was the deceased spouse, whereas children can sue for the implementation of their deceased parent. Parents may file a claim in cases where the deceased person is a minor.
Financial Dependents and Life Partners
In some states, a person who can prove financial dependency on the deceased can file his or her claim. This may include a life partner who isn’t legally married or other relatives who provided financial support to the deceased.
Distant Family Members
In some states, less direct family members, such as grandparents or siblings, may bring a wrongful death suit. They are so recognized and allowed by the relationship to the deceased and the law of that state.
Personal Representatives
In many states, the executor (personal representative) of a deceased person’s estate brings a wrongful death suit on behalf of the estate. This action seeks damages, which the estate then distributes according to the decedent’s will or, if there is no will, under state inheritance laws. Each state’s statutes define who may file a claim and set deadlines for filing (statute of limitations). Based on these statutes, the surviving family members should consult a wrongful-death lawyer who will help them find out their eligibility and whether their claim is still timely. Compensation for wrongful death might involve funeral expenses, lost income, and mental distress.
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Testing Wrongful Death Claims
The estates or families of those wrongfully killed must prove certain elements to establish a valid wrongful death claim. While the specific requirements may vary by state, most laws recognize four main components:
Death of a Human Being
The most basic element of a wrongful death claim is that somebody has died. The cause can range from medical malpractice to a car accident or even criminal activity. For it to be categorized as wrongful death, the cause of his death must have something to do with the negligence or actions of someone else.
Intentional Acts
The second element is that the wrongful death must have been caused by the negligence or intentional act of the defendant. A person is negligent when he fails to act in a manner that reasonably accords with the situation. Examples include situations where some reckless driving would be negligent, in which case it could lead to wrongful death if someone driving as described killed someone. Although homicide and similar intentional acts are sources of wrongful death, most are based on negligence.
The Cause of Death
The third thing to go and prove in the case is that there is a clear connection between the defendant’s acts and the deceased’s death. The claimant’s family or estate is required to prove that the deceased person would not have passed away if it had not been for the defendant’s actions or inactions. The cause of death was either an act by the defendant or an omission by the defendant. If this is not firmly established, the wrongful death action stands defeated.
Damages
This describes the kind of losses that the deceased’s family, or the estate, must show it suffered because of the death. Damages play a crucial role in these lawsuits because they assign value to the survivors’ losses. The proceeds from wrongful death claims help compensate survivors for the financial and emotional distress of losing a loved one.
The successful applicant must prove all these elements to establish their case in a wrongful death suit. Each of the above four elements demonstrates an eventual legal liability by the defendant for the harm and damages suffered.
How to Pay for Wrongful Demise Settlements?
Immediate Payment
The easiest way to settle may be to pay the full settlement amount in one installment. The defendant or the insurance company pays the full amount. It is considered a priority by those claimants who want the cash now to satisfy some current, important obligations.
Structured Settlements
Some settlements may, by agreement, provide for periodic payments rather than a single lump-sum payment. Under such an arrangement, the claimant receives periodic payments scheduled at defined intervals, perhaps months or years, such that it sustains the needs in the long term while ensuring that the funds last for an extended period. Some of those arrangements might even bear certain tax benefits. Most often, structured settlements are tax-free.
Periodic Payment Method
A different variant consists of paying a part of the settlement first and then making subsequent payments later. This gives the claimant some short-term help, while he or she continues getting the rest of the agreed-upon total compensation.
In some cases involving minors or dependents, parties may establish a trust fund to manage the settlement funds. The money would go into the trust until beneficiaries reach a set condition or age. A trustee administers the fund and releases payments for defined purposes such as education, medical expenses, and other necessities.
Combination Payment Methods
The settlement can be a combination of any of the above. For example, a claimant may agree to accept a lump-sum payment for immediate costs and another amount as a structured settlement. Hence, this flexibility goes well with short- and long-term needs. Family members must consult a competent wrongful death attorney before accepting any offer. The lawyer can counsel the family on the most suitable payment method to use in the case and also ensure that the settlement offers adequate compensation for the family.
Summing Up!
If your loved one has just been taken away by someone else’s recklessness, a sharp yet compassionate wrongful death attorney here at Tenina Law would be of great help. Besides managing the case, he or she would negotiate with the insurance company’s representatives and present the case in court when the occasion arises. Our attorney at Tenina Law will guide you through the different channels of compensation for wrongful death and provide you with well-informed advice as to which option best suits your needs.
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