When you have a loved one who dies because of the carelessness or negligence of another person, then you may be entitled to compensation. Wrongful death lawsuits are filed by spouses or family members of the deceased.

When you file a lawsuit, you may wonder how long it will take to settle. After all, the court process can take time. Some lawsuits can last for months or years, while others may settle quickly. It is difficult to determine how long a case will take but some factors may change the speed in which you receive your settlement.

Factors Behind a Quick Settlement

In cases where there is a clear liability, insurance companies may settle quickly. If there is no chance that they are going to win the case, then there usually isn’t any point in spending the money on legal fees. Instead, they want to settle as quickly as possible.

Also, in smaller cases that may not have a large payout, they may be quicker to settle. After all, it costs them less to settle than it does to spend money on lawyers, legal fees, and other costs associated with the trial.

Reasons a Settlement May Take Longer

Cases that involve an investigation take longer. Not all accidents have witnesses and likewise, witness testimony is not the only proof that a wrongful death suit requires. An expert may need to investigate the wrongful death. In the case of car accidents, for instance, you may have to prove that the other driver was at fault. If no one was there to witness it, you cannot claim that the other driver was speeding without the help of an expert. Expert witnesses and investigators can decide what happened to cause a person’s death and whether another party is at fault. It simply takes more time.

Experts are also needed to help determine how much the survivor is owed in the lawsuit. When you file a wrongful death lawsuit, you may be able to receive the income that you would have received if your loved one were still alive. This requires an economist to figure out how much money you would have been provided.

Wrongful death claims can be complex, and you can’t always expect a quick settlement, even if you know that you deserve compensation. If you’re unsure about how long your case is going to take, it can help to consult with a lawyer, like a wrongful death lawyer from Kamper & Estrada, PLLC. 

Personal Injury Attorney

If you lost a loved one unexpectedly in an avoidable accident, you may feel angry at the person responsible and may wish to punish them. This is common. If the person is not arrested and convicted of killing your loved one, you may be seeking ways to punish them in a lawful manner, such as filing a wrongful death lawsuit against them. In some cases, punitive damages may be warranted, and your wrongful death lawyer may suggest that they be included. Though money can’t reverse time, it can make it difficult for the perpetrator to enjoy a high standard of living if they must pay an enormous sum of money to the surviving family members. An attorney understand the delicate nature of losing someone in an act of negligence. 

What are punitive damages?

Not every state allows plaintiffs to receive punitive damages in successful wrongful death lawsuits. Also, not every case merits seeking punitive damages. After a careful review of the circumstances surrounding your loved one’s passing, our wrongful death can provide you with a clearer understanding of whether or not your request to the court should include punitive damages. In essence, it is a method of further punishing the defendant in direct proportion to the egregious wrong that they committed. Punitive damages are assessed in addition to what is known as compensatory damages. For example, if the defendant is accused of intentionally killing your loved one in an act of road rage and they subsequently fled the scene, your wrongful death lawyer may conclude that punitive damages should be assessed as part of the lawsuit.

What are compensatory damages?

Compensatory damages are at the heart of a wrongful death lawsuit. There are two types of compensatory damages, either or both of which might be included in your lawsuit, according to the advice of your wrongful death lawyer.

1.   Special damages. These types of damages have a fixed dollar value. For example, the total cost of the medical treatment provided to your loved one that unfortunately did not save them, the funeral and burial costs, the amount of income they would have earned right up until retirement had they not passed away, etc. Special damages can be readily documented with receipts and invoices.
2.   General damages. These types of damages are not as easily documentable and often require the insight of a seasoned wrongful death lawyer who bases the itemized values on legal precedents, recent jury awards, and the victim’s circumstances resulting from the harm perpetrated against them. Examples include pain and suffering, emotional distress, and anxiety. If the victim did not immediately succumb to their injuries, the general damages may be greater.

To discuss your case with our wrongful death lawyer, like a wrongful death lawyer in Phoenix, AZ, contact us today.

 

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Thank you to the experts at Rispoli Law, PLLC for their insight into wrongful death cases.