Nobody is ever fully prepared to cope with a loved one’s loss. The succeeding weeks and days that follow can be the most trying in your life particularly if the death was a result of misconduct or negligence. Under such circumstances, you might find the need to seek justice and compensation by filing a lawsuit.
Every state nationwide has laws on the matter with varying levels of complexity. If the filing of a wrongful death lawsuit doesn’t occur in a particular period, you could risk losing your right to damage compensation. If you’re seeking reliable and quality services of wrongful death attorneys, here’s what you should know.
Damages from Wrongful Death
Damages arising from this situation fall into two broad categories. The first group comprises damages from the time the negligent action took place until the time of death. For instance, in a truck accident, the damage category would cover the period from the beginning of the accident until the catastrophic death of the injured party.
Medical costs, the victim’s suffering and pain, funeral expenses, and lost wages would fall into this group. The second category of damages originating from a wrongful death covers monetary losses the victim’s beneficiaries or dependents experienced. This comprises anticipated future earnings from the accident period until the victim’s anticipated retirement.
Besides the loss of support and income, often the biggest facet of a client’s recovery comprises personal losses. Although the particular recovery items differ across states, at Oliveira Law, we typically seek compensation for the surviving heir’s mental suffering, grief, loss of affection, and love.
While it can seem overwhelming to consider hiring a wrongful death lawyer following the loss of a loved one, doing so will permit you to focus on healing. You’ll soon realize that this decision is the most effective way of holding those responsible, liable for the wrongful death while ensuring you and your family obtain fair compensation. Hiring our lawyers during such a tough period will benefit you in the following ways:
We Understand the Legal Procedure
Our lawyers specialize in these cases, so we have a comprehensive knowledge of the legal procedures involved with this kind of claim. Our expertise in this field of law will be extremely valuable to your case because we recognize the elements required to build a strong case.
In these lawsuits, meeting deadlines is crucial to keeping your case active. The failure to follow the deadlines could endanger your case. As your lawyers, we’ll ensure we complete all legal documents properly and file them correctly to protect your case.
We Can Save You Money and Time
These cases can be time-consuming, more so if you try navigating the process yourself. Since you lack the experience and knowledge that we have, you could take more time if you do it yourself. Remember, the legal process is complex and numerous kinds of documents need filing on strict deadlines. Establishing the details could take a considerable time, whereas attorneys at Oliveira Lawyers know what to do as well as when to do it.
Frequently Asked Questions
We understand that you have a limited time after the wrongful death of your loved one. Therefore, we’ve compiled some of the questions several of our clients usually ask. While you should speak to a lawyer in person, we recognize that at times you may have questions that need to be answered immediately.
How Does the Payout Work?
Insurance providers who offer liability coverage for the entity or person responsible for the death typically pay out the settlements. Insurance policies usually have a limit amount beyond which the insurance provider won’t pay, and the liable party is individually accountable.
If the responsible party lacks adequate insurance coverage, they’ll be personally liable for any settlement or judgment and possibly the legal charges accrued during the process.
What Measures Can I Take if I Disagree with the Settlement?
If you don’t agree with the settlement offer, you could advance to trial and try to verify the right to damages and the damage amount. This move can be risky because there’s no guarantee that you’ll obtain the damages you’re seeking. If you succeed at trial, it might be possible to recover more than the settlement offer.
Is the Payout Taxable?
According to the IRS, most settlements from a wrongful death case are non-taxable as long as the payments are compensatory. This implies that the compensation is supposed to account for the suffering and pain experienced.
If the damages are deemed punitive or intend to punish the responsible party, then IRS might tax the punitive damages. Therefore, any awarded damages must establish whether they’re punitive or compensatory. This will avoid any confusion when reporting to the IRS. That’s where we come in. We’ll evaluate the tax ramification on any settlement proposal.
You have the right to pursue justice if a loved one died wrongfully. Whether you want to comprehend your rights or have decided to file a lawsuit, our experienced legal team at Oliveira Lawyers is ready to work with you through the process. Contact us today for a consultation.