Death is a very sad and difficult thing to deal with, and when it happens as a result of somebody’s misconduct or recklessness, it is even more heartbreaking.
In such circumstances, the claim of wrongful death is a legal method through which families can seek justice and monetary damages with the help of a lawyer for wrongful death.
However, how do these settlements and compensation occur? Let’s explain it in this article.
What is a Wrongful Death Lawsuit?
This is a civil legal case that is pursued by the deceased individual’s family or their estate against another party for causing the death through negligence, misconduct, or an unlawful act.
These lawsuits serve the purpose of bringing the responsible individual to court and also offer monetary damages to the family of the deceased.
Wrongful death lawsuit can be filed by:
Typically, the following individuals can file a wrongful death lawsuit:
- Spouses: The surviving spouse of the deceased person.
- Children: It includes biological children as well as adopted ones.
- Parents: Where the child has died, which is a minor child.
- Other Family Members: Some states allow other relatives, such as siblings or grandparents, to also bring the petition.
Understanding Settlements
Filing the Claim:
It starts when the plaintiff decides to file a wrongful death claim. This involves writing a letter of complaint to the court, where one narrates the circumstances leading to the death, the defendant’s negligence or wrongful conduct, and the compensation that is being demanded. This complaint is the legal document that notifies the defendant that a legal action has been started.
Negotiations:
Once a claim is filed, both the plaintiff and the defendant are likely to sit and negotiate on how the case will be solved. A Duluth Wrongful Death Lawyer can help you step by step along the way through this tough process.
This phase is usually conducted in the presence of the parties’ legal representatives. During the bargaining process, both parties present their cases, submit proofs, and make their demands.
The aim is to reach a common ground that would be satisfactory to both individuals. In the process of bargaining, there may be several steps of the offer and counter-offer before a deal is sealed.
The Settlement Process
Most cases of wrongful death are resolved through pretrial settlement and not through trial.
a. Consultation with an Attorney:
The family takes the case to a wrongful death attorney to advise them on the matter as well as establish the viability of the case.
The attorney ensures that he or she compiles all the evidence, takes statements from the witnesses, and ensures that he or she has strong grounds to present in court.
b. Filing the Lawsuit:
The attorney submits the wrongful death lawsuit on behalf of the family. This starts the legal procedures.
c. Discovery Phase:
Both parties share information, documents, and evidence during the trial. This phase assists both sides in appreciating the various arguments for and against the case.
d. Negotiation:
The parties involved in the case confer and agree on a solution. This usually entails bargaining as the parties try to agree on a payout amount that will be satisfactory to the family.
e. Settlement Agreement:
Finally, when both the parties come to the terms and conditions of the agreement they sign a settlement agreement.
The family is paid the agreed amount of money and they are discharged from the case.
Trial (If Necessary)
In case of failure in a settlement, the next step is trial for determination of the case.
When there is a trial, the two parties make their respective cases, and in the end, a judge or a jury makes a ruling.
The legal processes could take time and even be stressful but they can lead to better remunerations if the court sides with the family.
Receiving Compensation
As we saw above, once the settlement has been arrived at or a decision has been made in court, compensation kicks in. Here’s how it typically works:
a. Distribution Plan:
There is a plan how the compensation will be divided between the other family members who are entitled to it.
This plan involves the will of the deceased, the state laws, and the needs that the family has.
b. Legal Fees:
Lawsuit costs, such as attorney fees, are then subtracted from the gross settlement.
c. Final Payment:
The balance is paid to the family based on the distribution plan developed in advance.
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