In a world where people can measure anything, one fact is certain. Medical experts have no idea of how many people die every year due to wrongful death. This is both interesting and shocking.
On one hand, thousands of people can die from an accident due to negligence. On the other, their loved ones and friends may have no idea that negligence was the top factor.
If you believe that your friend or loved one was a victim of wrongful death, moving forward with a law settlement is key. Before you do that, check out all the information about wrongful death settlements and verdicts below.
What Is Wrongful Death?
The first thing you should know is that wrongful death is a legal term. It happens when someone dies because of the actions or negligence of another person. The negligent party didn’t mean to cause the death, but their actions led to the victim’s passing.
There are different types of wrongful death cases. They can include:
- Car accidents
- Medical malpractice
- Workplace accidents
In order for your case to have merit, there must be evidence that proves the victim would have had a chance to live if not for the other party’s negligence.
How is Evidence Gathered in a Wrongful Death Suit?
The burden of proof is on the victim’s family in a wrongful death case. This means that you and your wrongful death lawyer will have to gather evidence to support your claim.
Some of the evidence that may be gathered includes:
- The police report from the accident
- Eyewitness testimony
- Photos or videos of the accident or scene
- Expert testimony
This is just a starting point. Your lawyer will work with you to determine what other types of evidence to learn more about your chances of victory.
What Happens if You Win a Wrongful Death Settlement?
If you are successful in proving that the other party was at fault for your loved one’s death, you may be awarded a wrongful death settlement. This is an agreement between you and the negligent party to pay a certain amount of money in exchange for not taking legal action.
The amount of money you are awarded will depend on a number of factors, including:
- The age of the victim
- Their relationship with you
- Your financial losses
- The state you live in
It’s important to note that a wrongful death settlement is different from a wrongful death verdict. A verdict is a decision made by a jury after hearing all the evidence in a trial. A settlement is an agreement reached before going to trial.
Should You Settle or Go to Trial?
This is a difficult decision that you will have to make with your lawyer. There are pros and cons to both settling and going to trial.
Settling out of court may be less stressful and cheaper than going to trial. It can also be done more quickly. However, you may end up with a smaller settlement than you would get if you went to trial and won.
Going to trial may be more expensive and take longer, but it could result in a larger verdict.
Learn More About Wrongful Death Settlements and Verdicts
As you can see, dealing with wrongful death settlements and verdicts can be a challenge since the burden of proof rests on the claimant. Hiring the best lawyer for the job will help even the odds against a powerful insurance company.
Do you want to learn more about hiring the best lawyers in your area? If so, check out our blog.