8 Questions to Better Understand Wrongful Death Lawsuits
When you’re looking for a wrongful death lawyer Washington DC residents trust, the law firm of Cohen & Cohen, P.C. may be able to help you pursue compensation. Wrongful death claims are a type of personal injury suit that involve the loss of life as a result of someone else’s negligence.
A wrongful death lawyer in Washington DC fights for the loved ones of victims to get just compensation. This matter can be very in-depth and difficult to fully understand without the help of a legal professional. As a wrongful death lawyer Washington DC respects, we receive many similar questions from family members considering filing a claim. The following are the most commonly asked questions, and their general answers. Please keep in mind, to ensure your personal situation has been thoroughly assessed, we recommend discussing your case with one of our wrongful death attorneys during a free consultation.
1. What constitutes a wrongful death claim?
Wrongful death claims have been established by the legal system to compensate family members who have lost a loved one through a tragic accident. A wrongful death claim could include fatalities caused by murder, manslaughter, reckless driving, road repair and construction activity, defective medical devices, toxic food products, pharmaceutical errors, or asbestos contact, to name only a few. Due to the vast amount of potential causes, it may be beneficial to consult a wrongful death lawyer Washington DC recognizes as one of “Washington’s best lawyers”.
2. Who is eligible to file a wrongful death claim in Washington DC?
Although the circumstances can vary by case, parents, surviving spouses, partners, and dependent children can file for wrongful death in Washington DC. If the deceased person had no surviving spouse or partner, the next of kin could be eligible to recover damages.
3. What are considered to be recoverable damages?
When discussing potential damages with a wrongful death lawyer Washington DC clients may request two general types of damages: economic and noneconomic. The former is considered to be a monetary amount related to any financial losses or expenses as a result of the defendant’s wrongdoing. These costs could include medical care, funeral or burial fees, lost wages, and funds that may have been used to care for the family. Non-economic damages generally include the physical pain and emotional suffering endured as a result of the loss of life.
4. How much time do I have to file a wrongful death lawsuit?
Every state has different time limits, also known as a statute of limitations, in which to file a wrongful death claim. Generally, the statute is 2 years from the date of death. It may be advisable to contact a wrongful death lawyer Washington DC families have on their side to help you determine whether or not your possible claim is within limits.
5. What if there is an ongoing criminal case?
If you hire a wrongful death lawyer Washington DC residents count on, he or she will likely be able to pursue a civil case, even if there is a criminal case in process. For instance, should the defendant be facing criminal manslaughter charges, the family who has lost a loved one to the same person can file a wrongful death claim. Even if the at-fault party is a part of an ongoing criminal case unrelated to the wrongful death, the family of the victim may still be able to file a suit.
6. How are compensation damages distributed?
The amount of compensation will vary by case, and it is up to the judge, jury, or settlement agreement to decide this amount, which is typically based on the total losses suffered by the family members. If the deceased individual had a will, the personal representative mentioned often acts as a trustee and maintains the distribution of compensation. If no will had been drawn, and the final judgment does not specify allocations, compensation may be distributed to the surviving spouse, partner or next of kin. For a further explanation, it may be in your best interest to talk to a wrongful death lawyer Washington DC family members trust with these complex matters.
7. Will I have to go to court?
All civil litigation cases do have the potential to go to court. However, a wrongful death lawyer in Washington DC may be able to arrange a fair and just settlement with the responsible party. Wrongful death suits may not always go smoothly, and there is always a possibility of having to go to trial. This is why it may be important to hire a wrongful death lawyer Washington DC recognizes as skillful and experienced in the field.
8. I don’t have the money to file a wrongful death claim, what should I do?
Wrongful death claims are typically handled on a contingency fee basis, meaning that the client will not pay any out-of-pocket expenses. If you believe your loved one has been the victim of a wrongful death, it may be beneficial to contact a leading Washington DC wrongful death lawyer. A free consultation can give you the chance to discuss the details of your case and give you the necessary information to move forward.
Contacting Cohen & Cohen, P.C. for a Wrongful Death Lawsuit
Filing a wrongful death suit in Washington DC can take anywhere between 3 months and 3 years. It may be essential to your case to begin seeking compensation for damages sooner rather than later, due to the statute of limitations, and to give a wrongful death lawyer in Washington DC ample time to compile witness statements and examine evidence. As time goes by, witness recollections can become hazy, and evidence could be destroyed, which can make it more difficult for a lawyer to assist the plaintiff.
A wrongful death suit is not only about gaining financial compensation, but also exists to hold negligent parties accountable for their irresponsibility and actions. For more information, contact Cohen & Cohen, P.C. for a free wrongful death consultation at 202-769-0260. If you are a family member of someone who has lost their life due to the negligence of another, you have the right to seek the counsel and advice of a wrongful death lawyer Washington DC is proud to have on their side.