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This content is for informational purposes only and is not intended to provide legal advice.
No one likes to think about the possibilities, but when someone close to you suffers an untimely death, you need to know that if that person’s death was a result of negligence or something else out of your control, there’s help available. Filing a wrongful death claim or lawsuit does not bring our loved ones back, but it can help us recover financially for a while. Unfortunately, the reality is that even though wrongful deaths can be just as devastating as any other type of death, the amount of money awarded in a settlement or court verdict might not always be enough.
What Is a Wrongful Death Case?
A wrongful death case is usually brought by a surviving spouse, child, or another close family member on behalf of the deceased. Such claims and lawsuits aim to put compensation money into the hands of people who have lost a loved one. According to an Indiana wrongful death lawyer, if the wrongful death resulted from a criminal act, the person who caused it can be pursued in both criminal and civil courts. Families choose to press criminal charges and file civil lawsuits in some cases. The latter is less challenging regarding the burden of proof and getting compensatory damages.
One important aspect of wrongful death cases is that the survivors need to file and win the claim or lawsuit before receiving any compensation. The center of such cases is proving that the death was wrongful as defined by the law. On the other hand, receiving damages depends on the state you live in and how the state or county has decided to classify and award compensation in wrongful death cases.
What Are Wrongful Death Damages Caps?
The court may have the ability to award damages to the family members of a deceased who lost their lives in a wrongful death situation. Damages are monetary compensation for physical suffering, property damage, pain and suffering, and even loss of potential earnings. However, there is no specific amount of payment. Instead, it’s all based on state laws and how much money judges deem fair based on each case and its circumstances.
Let’s see some examples of caps and limitations frequently used in some courts:
- In some states, if a person dies because of medical malpractice, the law allows a family to receive damages below or at a state-imposed limit.
- If more than one entity is responsible for the wrongful death (a doctor and the hospital they work in), a family can receive a limited amount from each party.
- In a wrongful death suit with multiple plaintiffs (the deceased’s entire family), the law might specify how much of a settlement each family member can receive. For example, the spouse receives a certain amount of money, the deceased’s children a different amount, and other relatives get a different portion.
What Is the Statute of Limitations in Wrongful Death Cases?
Statutes of limitations say how much time you have to file a lawsuit to collect damages. In this case, the rule only allows two years from the date of death to file a wrongful death claim. In some circumstances, the law puts flat caps on criminal death cases.
What Damages Can You Recover in a Wrongful Death Case?
When it comes to wrongful death cases, survivors can recover many types of compensation.
Economic Damages
Economic damages are tangible and can be calculated in numbers. They include money spent on hospital bills, funeral costs, income losses, etc. Other economic losses include future wages, travel expenses, and any future financial gains those left behind might have received if their loved ones lived.
Non-Economic Damages
Non-economic damages are more subjective. They can include compensation for the loss of a child, sibling, parent, or spouse. Non-economic damages are more complicated to calculate than economic ones. Insurance companies, attorneys, and courts admit they are harder to quantify and can be challenging to put an exact price on. For this reason, the multiplier method is something to understand if you want to file a wrongful death claim. Non-economic damages usually include pain and suffering, shock and grief over the death of their loved one, loss of companionship and affection, or the inability to enjoy life’s pleasures after losing someone close.
How Can a Wrongful Death Lawyer Help Me?
You don’t have to go through the pain of collecting damages for a wrongful death case. Instead, you can start by facing your loss, processing the situation, and getting your life back. First, you must have a robust support system that allows you to grieve and develop a plan for moving forward with your life. Then, once you feel prepared to get your life back on track, it’s time to take action and get yourself an attorney. A wrongful death lawyer can help you get the recovery you deserve.
A wrongful death case can be more complicated than other personal injury cases. Therefore, one of the best ways to get through it is to have the guidance of a lawyer that understands the hard work and perseverance associated with these types of claims and lawsuits.
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