Dealing with the death of a loved one is an extremely painful part of life. The process of mourning is often long and fraught with uncertainty and pain.
This process is made even worse in the case of a wrongful death. A wrongful death is defined as a death caused by the wrongful act of another, whether this accidentally or intentionally. When a life is cut short in the case of wrongful death, it can be even harder to achieve closure in the face of life’s unfairness.
The process of mourning can be even further complicated by additional factors such as medical expenses or lost income if the person who lost their life was the main contributor to your household income. There are also the additional costs of funeral and burial arrangements to be considered. Financial strains such as these can make an already unstable time in your life become entirely overwhelming. This is where the compensation available through wrongful death settlements can help you through the process.
If you have recently lost a loved one to a wrongful death, The Law Place can help to make sure that you are paid the compensation you deserve. We offer a free consultation over the telephone, and our lines are open 24 hours a day, seven days a week.
Speak to an experienced wrongful death lawyer today at (941) 444-4444.
How Long Does It Take to Get Paid Following a Wrongful Death Settlement?
Due to a number of factors, you may be anxious to know exactly how long after the case the compensation payout for your wrongful death settlement will arrive. Medical expenses lost wages or costs incurred along the process may be playing on your mind. You may also be eager to get the closure from the conclusion of your case and begin to move forward and mourn the loss of your loved one free from legal complications.
Most wrongful death settlements finalize within six weeks of the conclusion of the case. However, this is not a hard and fast rule. There may be things that slow the process, such as delays in signing the release documents or clerical errors by your insurance company.
If it has been more than six weeks, and you feel that the settlement from your wrongful death lawsuit is taking too long to be paid, we would advise getting back in touch with your lawyer. You and your family members deserve to have your closure and peace of mind prioritized.
Where Does the Compensatory Money Come From in Wrongful Death Lawsuits?
Compensation from wrongful death cases comes from the estate of the one who caused the wrongful death or the injury which led to it.
While this can feel as pressurized as accusing someone of a murder, a wrongful death case is actually a civil lawsuit, rather than a criminal lawsuit. The fault of the defendant is expressed entirely in the monetary compensation contained in the settlement.
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How Much Compensation Can I Expect From My Wrongful Death Settlement?
Money may be the furthest thing from your mind in the event of the wrongful death of a loved one. However, it may also be essential to cover the costs of any medical treatment for an associated injury or simply for keeping your surviving family members financially afloat through these turbulent times. The time following a personal loss is fraught with uncertainty, and being paid the maximum compensatory settlement will make it simpler for you to focus on the things that truly matter.
Wrongful death settlements vary in value, depending on a number of factors. These factors include:
- The relationship of the deceased to the one who is making the wrongful death claim.
- The monetary value of the deceased’s income.
- The non-monetary value of your lost loved one. This is usually calculated by looking at the degree of emotional distress and the impact on your family dynamic.
On average, wrongful death cases achieve a settlement of around $500,000. However, this is in no way the maximum that can be paid. Some wrong death settlements can be valued much higher. For a more accurate estimate of the value of your case, contact one of the personal injury lawyers at The Law Place today. We will offer you a free consultation in order to give you a specific estimate for your personal situation.
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Are Wrongful Death Settlements a Matter of Public Record?
Here at The Law Place, we understand the importance of privacy. In the case of wrongful death settlements, whether or not they become a matter of public record depends on how the settlement is achieved.
If the wrongful death settlement is reached between the two parties in private, then the amount paid in the settlement remains private as well.
However, the exception to this would be if the two parties cannot agree in private. If the wrongful death case is taken to court, then all records are then made available to the public. These records include the monetary value of wrongful death settlements.
From the initial call to updates on your case status, we are here to get you answers.
Legal Process and Timeline for Wrongful Death Claims
- Initiating the Claim – The process begins when the personal representative of the deceased’s estate files a wrongful death claim. This representative, often designated in the deceased’s will or appointed by the court, acts on behalf of the surviving family members. The claim must be filed within the statute of limitations, which, in Florida, is typically two years from the date of death.
- Investigation and Evidence Gathering – Once the claim is filed, an extensive investigation into the wrongful death begins. This involves collecting evidence such as medical records, accident reports, witness statements, and expert testimonies to establish the at-fault party’s liability and the extent of damages incurred.
- Filing the Lawsuit – After gathering sufficient evidence, the attorney will file a wrongful death lawsuit against the responsible party or parties. This legal document outlines the basis of the claim, the relationship of the claimants to the deceased, and the compensation sought.
- Discovery Phase – Both sides will enter the discovery phase, where they exchange information and evidence related to the case. This phase can include depositions, interrogatories, and requests for documents. The discovery phase can last several months, depending on the complexity of the case and the cooperation of both parties.
- Settlement Negotiations – Often, wrongful death cases are settled out of court. Settlement negotiations can occur at any stage of the process but typically intensify after the discovery phase when both sides have a clear understanding of the case’s strengths and weaknesses. An experienced wrongful death attorney can negotiate with the at-fault party’s insurance company to reach a fair settlement.
- Trial – If a settlement cannot be reached, the case will go to trial. During the trial, both sides present their evidence, and a judge or jury makes a final decision regarding liability and damages. Trials can last from a few days to several weeks, and the timeline can extend further due to court scheduling and legal procedures.
- Receiving the Settlement – Once a settlement agreement is reached or a trial verdict is rendered in favor of the plaintiff, the process of disbursing the settlement funds begins. The compensation may be paid out as a lump sum or through a structured settlement over time. Before funds are released, any liens or legal claims against the settlement, such as unpaid medical bills, must be resolved.
- Distribution to Beneficiaries – After all legal claims on the settlement funds are settled, the remaining amount is distributed to the beneficiaries as outlined in the wrongful death suit. The personal representative is responsible for ensuring that the distribution complies with Florida law and the terms of the settlement or verdict.
It’s important for families to understand that while some wrongful death claims are resolved within a few months, others can take years, especially if they go to trial. Having an experienced wrongful death attorney can help navigate this complex process, provide regular updates, and work diligently to expedite the resolution while ensuring that the family receives fair compensation for their loss.
How Are Wrongful Death Settlements Paid Out? FAQ
What is a wrongful death suit?
A wrongful death suit is a legal action brought by the surviving family members or the personal representative of the deceased person’s estate against the party responsible for the loved one’s death. This suit seeks compensation for the losses suffered due to the fatal accident, which can include medical bills, funeral costs, loss of financial support, and more.
Who can file a wrongful death suit?
Only the personal representative of the deceased’s estate, often named in the will or appointed by the court, can file a wrongful death suit. This representative acts on behalf of the surviving spouse, children, and other family members entitled to compensation under the law.
How are wrongful death settlements typically paid out?
Wrongful death settlements can be paid out either as a lump sum payment or through a structured settlement. A lump sum payment provides the entire settlement amount at once, allowing the family to cover immediate expenses like funeral and burial expenses and medical bills related to the fatal accident. A structured settlement, on the other hand, pays out the settlement in regular installments over time, providing ongoing financial support.
What expenses are covered by a wrongful death settlement?
A wrongful death settlement typically covers expenses and financial losses related to the deceased person’s death, including medical bills incurred before death, funeral costs, burial expenses, loss of the deceased’s future income, loss of companionship, and sometimes, punitive damages aimed at punishing the at-fault party for their negligence.
Can punitive damages be included in a wrongful death settlement?
Yes, punitive damages can be included in a wrongful death settlement if the at-fault party’s actions were particularly reckless or egregious. These damages are intended to punish the responsible party and deter similar negligent behavior in the future, rather than to compensate the family for their loss.
How is the settlement amount determined in a wrongful death suit?
The settlement amount in a wrongful death suit is determined by considering various factors, including the deceased person’s earning potential, the financial and emotional impact on the surviving family members, and the circumstances of the fatal accident caused by someone else’s negligence. An experienced wrongful death attorney can help assess these factors and negotiate a fair settlement with the at-fault party or their insurance company.
Why is it important to have an experienced wrongful death attorney?
Having an experienced wrongful death attorney is crucial for navigating the complex legal process, ensuring that the rights of the deceased’s estate and surviving family members are protected, and securing a fair settlement. An attorney with experience in wrongful death cases can provide valuable guidance, handle negotiations with the responsible party, and advocate on behalf of the family to ensure they receive the compensation they deserve for their loss.
What should families consider when deciding between a lump sum payment and a structured settlement?
Families should consider their immediate and long-term financial needs, the potential impact on taxes, and their personal preferences for managing the settlement funds. A lump sum payment offers flexibility and immediate access to funds, while a structured settlement provides a steady stream of income over time. Consulting with an experienced wrongful death attorney can help families make an informed decision that best suits their needs.
Contact The Law Place Today
If you are considering taking action to achieve compensation for a wrongful death, The Law Place is here to help you.
Navigating the complexities of Florida’s laws can be an overwhelming process. Fortunately, our law firm has over 75 years of combined experience in dealing with wrongful death claims and can ensure that you are paid the amount of compensation you deserve.
Our personal injury lawyers are here to guide you through the process of achieving compensation for the wrongful death of your loved one. We go above and beyond to ensure that our clients receive the best representation possible.
When choosing from the vast amount of law firms available to you, it is important to be safe in the knowledge that you will be treated ethically and with the respect and sensitivity that your situation deserves. Here at The Law Place, we can offer you a free consultation and give you honest and unbiased advice on which is the most appropriate course of legal action for your situation.
The Law Place is available for free telephone consultations at a time that is convenient for you. We are open to calls 24 hours a day, seven days a week. You and your family deserve to be safe in the knowledge that you are going to receive the best representation available to you. If you have any questions or are seeking a free evaluation of your case, call us on (941) 444-4444 today.
