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Losing a loved one unexpectedly is one of the most painful experiences in life.
Add to that the fact that they were killed because of someone else’s carelessness, and it becomes overwhelming. You grieve, you’re angry, and you may be wondering what your legal rights are.
Here’s what you need to know:
Wrongful death lawsuits are some of the most complicated legal cases you’ll ever deal with. However, they are also one of the most important tools you have to help your family get the justice and compensation it deserves.
You might be interested in knowing that this article will reveal some of the most critical factors you need to understand so that you can effectively navigate the legal complexities of wrongful death lawsuits.
Are you ready to get that edge over the opposition?
Keep reading:
What you’ll discover:
- What Makes Wrongful Death Cases So Complicated?
- Who Can File and When You Must Act Fast
- The Evidence That Is Critical to Building a Winning Case
- The Actual Value of Your Case
- Why Legal Representation Matters
- The Road Ahead
What Makes Wrongful Death Cases So Complicated?
Wait, there’s something most people aren’t aware of…
Wrongful death lawsuits aren’t the same as typical personal injury lawsuits where the person injured gets to tell their story and make their case.
Wrongful death cases are a distinct legal entity, and they come with their own rules and complexities.
Surviving family members of the deceased must step up and present the case on behalf of the victim.
That’s already one major distinction, but in addition, the law states that the surviving family must prove the following elements:
- Duty of care: This means the defendant owed the victim some form of care or responsibility
- Breach of duty: The defendant failed in this duty of care
- Causation: That failure directly caused the person’s death
- Damages: This part of the case is to prove the family has suffered some quantifiable loss
Fair enough, you may think, but hold on…
Each of those elements has to be proven beyond a reasonable doubt with the help of extensive documentation, eyewitness accounts, expert opinions, and evidence.
Sounds pretty simple, right? Wrong.
For wrongful death claims in Calgary, AB, the challenge is that the entire process is more complex due to additional provincial regulations and procedural requirements that have to be taken into account.
Who Can File and When You Must Act Fast
Time is definitely not your friend when it comes to filing wrongful death lawsuits.
Most legal jurisdictions set strict deadlines for making a wrongful death claim and most are between 1-3 years from the time of death.
This is what’s called a statute of limitations.
If you fail to meet the deadline, your right to claim compensation is lost forever.
But that’s not the only tricky aspect about who can file and when.
You see, not every person can file a wrongful death claim. There are rules as to who is considered a legal plaintiff in these types of cases, and most jurisdictions will only allow:
- The surviving spouse or domestic partner
- Children of the deceased
- Parents (in the absence of a spouse or children)
- Other dependents or beneficiaries
The caveat is that these are general rules and they do vary by location, so what might apply in one place will not necessarily work in another.
Acting fast is of the essence because waiting means losing time to file a case and missing the deadline.
The Critical Evidence That Makes or Breaks Your Case
If you want to know what is the key differentiator is between the winning side and the losing side in wrongful death cases, it’s one thing only.
Evidence.
To quote some recent data on wrongful death cases, we found that plaintiffs are winning approximately 58% of wrongful death cases that go to trial. So there are chances of winning. But here is the interesting part, those cases that are being won are the cases where the evidence presented is rock solid and airtight.
The type of evidence that matters in these cases are:
- Medical records and autopsy reports
- Photos and videos from the accident scene
- Witness statements and testimony from experts
- Police reports and other investigations
- Employment and financial records
Obtaining all this evidence and making sure it is admissible in court is no simple feat. Medical records require proper channels to be accessed. Witnesses may be reluctant to share what they saw. Evidence is perishable and can be lost, damaged or simply be destroyed if not secured quickly.
This is why it is important not to waste time when building a wrongful death case. The evidence is out there, you just have to secure it quickly.
How Much Your Case Could Actually Be Worth
This is the $1 million question. The question every family asks. How much is my wrongful death case worth?
The answer is it depends.
As recent statistics show, the average wrongful death settlement value is $973,054, and the median settlement is $294,728. If only it was that simple. If only every case was the same.
The truth is every case is different, and just like the evidence is the single most important factor, the most important element of your settlement amount is the value of your evidence.
Compensation categories in wrongful death lawsuits include:
- Economic damages, such as lost income, benefits, and support
- Medical and funeral expenses
- Pain and suffering (when it can be proven)
- Loss of companionship, guidance, and support
- Punitive damages (in some cases of gross negligence)
The actual value is going to depend on the deceased person’s age, overall health, and their earning capacity. The older, sicker, and less income they had, the lower the settlement. Of course, the opposite also stands, with younger and higher earning victims getting higher settlements.
The circumstances of the death matter as well. In cases of gross negligence and wanton disregard for the deceased’s life, the settlement will be higher to account for punitive damages.
Why Professional Legal Help Is Non-Negotiable
Okay, you may say, this doesn’t sound so hard, and you think you can handle a wrongful death lawsuit all on your own.
I hate to break this to you, but you’re wrong.
Wrongful death lawsuits involve complicated legal procedures, strict deadlines, complex and delicate evidence, and high-pressure defense maneuvers that will almost always overwhelm the average person.
Insurance companies have teams of lawyers whose job is to pay out as little as possible.
They will use any legal means available to them to lower or deny your claim, and they will spare no expense.
The type of defense strategies used are:
- Questioning the cause of death
- Blaming the victim for the accident
- Challenging the evidence
- Slashing the value of damages
- Procedural errors
An experienced wrongful death lawyer is invaluable because they are going to provide you with so many advantages.
You will benefit from their knowledge of the law and their experience with wrongful death cases. They know how to find evidence, work with expert witnesses, negotiate with insurance companies, and even present the best argument in court.
The numbers speak for themselves. Recent studies show that nearly 90% of wrongful death lawsuits that reach trial are actually resolved with settlements and monetary awards. But to get there, you need a good lawyer.
The Road Ahead
The timeline of a wrongful death case can be anywhere between 1-3 years. But this timeline can be even longer, depending on the complexity of your case.
The steps are generally the same:
- Investigation and initial filing
- Discovery process (building the case)
- Settlement (negotiating a resolution)
- Trial
- Appeals
Do not expect a wrongful death lawsuit to be resolved quickly. This is a lengthy process and will take time, patience, and the right strategy.
Wrapping Things Up
Navigating wrongful death lawsuits effectively is not easy. It’s a complicated area of the law, and there are a lot of mistakes that can be made along the way.
The reality is, without the right knowledge, evidence, and legal help, wrongful death lawsuits are nearly impossible to handle and are easily lost.
No amount of money can replace your loved one, but a wrongful death lawsuit can at least provide justice and financial security for your family. So make sure you do what’s needed to effectively navigate through the legal maze of wrongful death lawsuits.
