Getting Fair Compensation For A Wrongful Death Claim

Wrongful death attorneys are helpful in defending and in asserting your rights in wrongful death matters. In a wrongful death claim the family of the deceased will claim that the deceased died as a result of negligence or other liability on the part of the defendant. The surviving beneficiaries and dependents are entitled to monetary damages because of the defendant’s actions and conducts.

Wrongful death law describes the rights and duties of the respective parties. The laws pertaining to wrongful death seek to provide financial compensation to the heirs of a deceased, when the death was caused due to negligence, omission, wrongful acts or default of another. Meaning the laws seek to compensate the heirs when someone failure to act reasonably caused the death of the deceased or was a substantial factor in bringing about the death of the deceased.

As in most wrongful civil conduct there are no federal statutes for wrongful death, so each state has made its own set of civil wrongful death statutes and the laws vary from state to state a little bit. Compensation depends on several factors, such as the age of the deceased, the income the deceased earned from all sources including activities other than work. The greater the income the greater the claim. The younger the deceased likewise the greater the expected life time earnings. There are no exceptions for children, but the compensation is often lower because they are not expected to earn any income. There are also other factors such the involvement of the deceased in everyday activities with the survivors. A recently separated spouse would likely be entitled to less than a spouse that had just renewed her wedding vowels.

Wrongful death can be caused in many different ways including medical malpractice which results in the deceased’s death, neglect or abuse on part of the staff at a nursing home, as a result of a car accident, a bus accident, a train accident, a plane accident, a boating accident, and numerous other accidents. The issue is always whether the defendant did something wrong.

The spouses and the children of the deceased may file wrongful death lawsuits, and if there were not children or spouse, then other immediate family members may file suit. They heirs are entitled to monetary compensation to make them whole for the damage they suffered.

The compensation can includes loss of support, society, companionship, and also medical and funeral expenses and services.

To initiate a lawsuit there are time limitations which vary depending on the specific circumstances leading to the death and the specific state where the death occurred.

A grieving family is not likely to think about making a wrongful death claim, but unfortunately the law works against those that wait. A wrongful death claim is a very serious matter and the heirs should consult with an attorney as early as possible. In some cases consulting with an attorney after six months have elapsed may be too long. It is advisable that potential claimants consult with an attorney as soon as possible.

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Lawsuit Funding for Wrongful Death

A wrongful death occurs when an individual is killed due to the wrongdoing or negligence of another person or entity.

The loss of a love one due to an accident causes great stress to a family. There is no good time to lose a love one and when it happens it’s devastating. While finances may be the last thing on your mind, it’s certainly something that will play an important part in the lives of the dependents.

For those people that have been financially affected due to a wrongful death and need money now, wrongful death lawsuit funding may help. There are many reasons why people may consider a pre-settlement cash advance for a wrongful death. Some of these reasons may include:

  • Funeral expenses
  • Burial expenses
  • College tuition
  • Mortgage & rent payments
  • Car payments
  • Credit card debt
  • Out of pocket expenses
  • Loss of income

Wrongful death cases can take years before a settlement is reached due to the extensity of litigation. The negligent parties will oftentimes hire experienced defense teams to handle their case because of the amount of compensation at hand. A plaintiff lawyer who handles wrongful death will fight hard and vigorously for your compensation while the defense team is likely fight against paying any compensation at all. In fact, many of these types of cases can take years before a settlement is reached. For those people that have lost a love one that is the financial breadwinner of a family, loss of income can be destructive to a household. Wrongful death lawsuit funding can certainly help take some of the financial burden away and help a family get their lives in order.

If you are currently evaluating lawsuit funding for a wrongful death case it’s important to fully understand the premises of lawsuit funding. There are many companies that provide funding for personal injury and wrongful death cases. You should consider selecting a lender that offers non-recourse funding. You don’t want to be in a position of having to pay back a lawsuit loan if compensation is not awarded. It may also be beneficial to compare rates and payment schedules for your loan.

If you are currently seeking a pre-settlement cash advance, begin by visiting our wrongful death lawsuit funding page today at LawLeaf. LawLeaf is a legal funding service that matches plaintiffs with lenders ready to compete for their business.