How to File a Wrongful Death Lawsuit

Wrongful death is classified as any death directly or indirectly caused by reckless or negligence of another.

There are two scenarios tied to wrongful death claims. In some instances, the victim is pronounced dead on the scene. In other cases, it may be months or even years before they pass due to complications or illnesses related to the initial injury.

If this has happened to you, you may be wondering how you file a wrongful death lawsuit.

In this article, you'll learn:

• Who can file a wrongful death claim?

• When can you file a wrongful death claim?

• How to file a wrongful death claim

• How statutes of limitation work

• How wrongful death settlements are calculated

• How wrongful death claims are paid out

• How long does it take to settle a wrongful death claim?

Let's get started!

Each state has a specific protocol for determining who can file a wrongful death claim and collect benefits. An experienced attorney will help you choose the best course of action based on our state regulations.

However, generally, the surviving spouse can file these claims and collect compensation from the responsible parties. If there is not a living spouse, children have the right to file wrongful death claims.

If the children are minors, they're considered beneficiaries of the settlement, and a court-appointed guardian will represent them.

If there is not a living spouse or children, the right to file goes to the deceased's parents. If there are no spouses, children, or parents, others may serve as administrators of the deceased's estate.

Depending on the state where you live or file the wrongful death claim, there are strict guidelines for when surviving spouses, children, or parents can legally file a wrongful death claim.

For example, in Georgia, the deadline is two to seven years. However, in California, the filing deadline is two years from the date of the decedent's death.

Aside from state guidelines on when to file, you also must have a situation that is considered wrongful death. Wrongful death claims are a type of personal injury claim, but you may have a stronger case if the situation is related to intentional killing, medical malpractice, or automobile accidents.

When you discuss your unique situation with an experienced attorney, they can help determine if you have a strong wrongful death case.

In times of trauma and grief, it's essential to know your legal right, especially when it comes to a life lost due to another person or companies' negligence.

Filing a wrongful death lawsuit can vary by state. However, the process typically looks like this:

The spouse, children, or parents must file a personal injury claim with a lawyer specializing in wrongful death claims. From there, the legal team begins building your case.

During this phase, a lawyer will gather evidence against the party at fault to make your claim as strong as possible.

The next step is negotiating a resolution. Again, your lawyer is there to ensure you receive fair compensation. Insurance companies typically offer a lower settlement initially, and your lawyer will attempt to receive a fair settlement without going to trial.

If negotiations fail, your legal team then prepares for trial. Next, a discovery process happens for both you and the guilty party. This is often very invasive for grief-stricken survivors because the other party will dig into medical records, insurance records, accident reports, and more.

Before going to trial, the judge often meets with both parties to see if a settlement can be agreed upon based on new evidence.

If a settlement is still unresolved, you then argue your case before a judge or jury.

Each state has specific requirements for filing a wrongful death lawsuit. For example, some states will give survivors two years from the date of death—others allow a period of two to seven years.

Regardless of the statutes of limitations, if you don't file within the time-frame, you lose your right to bring your wrongful death lawsuit to court.

However, there are instances where courts allow an extended amount of time to file a claim. For instance, if the claim type is based on a homicide or murder, the statute of limitation cannot begin until the murderer is apprehended.

If your loved one passed away from medical malpractice, then the statute of limitations may start when the cause of death is discovered, rather than the date of death.

Not every tragic accident that results in death is considered a wrongful death. However, according to many statutes of limitations, the lawsuit must provide proof of wrongful death, proof that the deceased would have been awarded compensation in the lawsuit if they were alive, and conduct the amounts of negligence, wrongful act, and more.

Unfortunately, there is no formula for determining wrongful death settlements.

Several factors will affect the settlement. For instance, people sue for two types of damages in wrongful death cases—economic and non-economic damages.

Economic damages include medical care, funeral expenses, and loss of financial support. This type of compensation serves as the money you had to spend as a direct result of a fatal situation.

Non-economic damages are the compensation for physical and psychological distress. This includes pain and suffering, reduced quality of life, and loss of companionship.

Economic and non-economic damages are considered when a settlement is agreed upon or when the claim goes to a jury.

The guilty or at-fault party is responsible for all costs. Therefore, once the wrongful death claim settles, their insurance company will pay the entire settlement to your lawyer. Once your lawyer deducts their fees and other costs, you will receive a check for the remaining amount.

This is often the best-case scenario. However, there are cases where the guilty party doesn't have insurance, or the check is given to the executor of an estate. For complicated cases such as these, it's essential to work with a trusted lawyer to ensure you receive full compensation.

Just as there's no formula to determine a wrongful death settlement, there is also no specific way to estimate how long this type of claim will take to settle.

There are cases where the survivors receive compensation within a few months. And there are other cases where it can take years to resolve.

The length of your unique case depends on whom you are filing against, the type of wrongful death, and whether you have the right legal team to support you.

For instance, those who choose to represent themselves will often settle faster because they take the first offer they receive from the insurance company.

Settling a claim faster is not the best way to handle a wrongful death claim. Insurance companies are not looking out for you—they are looking out for them!

If your family member or loved one has passed away due to negligence or recklessness by an individual or company, you may have a wrongful death claim.

There are specific guidelines for applying for a wrongful death lawsuit. Therefore, it's critical to consult with a reliable lawyer. Contact our Denver wrongful death lawyers today!