Wrongful Death Settlements

A wrongful death settlement is the restitution offered in a wrongful death case without going to trial. In a wrongful death case, dependants file a lawsuit in order to receive compensation for a family member who was killed as a result of injuries caused by another person's actions or negligence.

Traditionally, under common law, it was held that if a person died, their personal injury claim died with them. However survivors of wrongful death often suffer secondary repercussions and damages caused by the actions or negligence of another party. As a result, most states have implemented wrongful death statutes. These statutes allow a victim's dependents to seek compensation for medical expenses, other out-of-pocket related expenses, loss of income, and pain and suffering.

Wrongful death can be the result of numerous types of personal injuries:

- Work related accident
- Exposure to hazardous materials
- Defective drugs and products
- Medical malpractice
- Nursing home abuse
- Dog bite accidents
- Car accidents

When a person files a wrongful death suit, the defendant's insurance company will often be involved in negotiating a wrongful death settlement. It is significantly favorable to obtain a qualified attorney who is experienced with wrongful death settlements and can seek fair compensation.

If negotiations cannot be reached in dealing with the defendant's insurance company, a person has the legal right to seek a satisfactory wrongful death settlement through a court judgment. This allows the judge to be the final authority over the amount of compensation that will be awarded in a wrongful death settlement, rather than the defendant's insurance company. In cases where the insurance company is not willing to provide sufficient reparations in a wrongful death settlement, a court judgment can be more successful in benefiting the victim.

The burden of proof rests on the accuser in order for a court to award a wrongful death settlement. The victim's family and their attorney must prove that the defendant's negligence caused the injuries suffered by the victim. Proof of the damages that were caused will factor into the amount of compensation that is awarded through a wrongful death settlement. Contact us today so we can help you get in tough with wrongful death attorneys who can help to protect and maximize a person's interests in a wrongful death settlement case.

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