A wrongful death lawsuit can be an incredibly trying time for the family and friends of the victim. As if dealing with the loss of a loved one isn’t hard enough, they now have to go through the court system. In order to better understand what you may be facing if you decide to file a wrongful death lawsuit, here are six things you can expect during the process.
The Victim’s Fault Argument
The victim’s fault argument is a legal defense tactic used in wrongful death lawsuits. The defense claims that the victim was at fault for their own death and, as a result, the defendant should not be held liable. This argument often relies on the victim’s prior actions or on character evidence to make its case.
There are several reasons why the victim’s fault argument might be successful. The victim may have been engaging in risky behavior, such as drinking and driving or trespassing on private property. The victim’s character may also be called into question, with the defense arguing that the victim was a violent or dishonest person. Finally, the defense may argue that the victim’s injuries were not actually caused by the defendant, but instead by the victim’s own actions.
Common Defenses
A wrongful death lawsuit is a civil action brought by the survivors of a person who has died as a result of the negligence or misconduct of another. Wrongful death lawsuits can be filed against individuals, companies, or government entities.
There are a number of common defenses that can be raised in a wrongful death lawsuit. Some of the most common are:
-The victim was contributorily negligent
-The victim assumed the risk of injury
-The plaintiff failed to mitigate damages
So, there are ways for the defendant to win the case, which means you’ll need a great lawyer on your side. Luckily, you can find a Charlotte wrongful death lawyer online easily, and a great one! Then you’ll have to prepare for however long the case may last.
The Damages/Compensation
When a loved one dies as the result of another person’s negligence or recklessness, the surviving family members may file a wrongful death lawsuit to recover damages. The damages that may be recovered in a wrongful death lawsuit vary depending on the specific facts of the case, but may include:
1) The cost of medical care and burial expenses incurred as a result of the death;
2) The loss of income and benefits the deceased would have earned if he or she had not died;
3) The pain and suffering endured by the deceased prior to death; and
4) The pain and suffering endured by the deceased’s loved ones as a result of the death.
How Long Does It Take?
The length of a wrongful death lawsuit varies depending on the state in which it is filed and on the complexity of the case. Generally, however, a wrongful death lawsuit will take at least a year to resolve. In some cases, the suit may take several years to reach a final resolution.
Chances of Winning
When a loved one dies as the result of someone else’s negligence, it is natural to want to seek justice. A wrongful death lawsuit can provide that, but it is important to understand the chances of winning such a case before you file.
First, you must determine if you have a valid claim. In order to do so, you will need to prove that the defendant was negligent and that their negligence caused your loved one’s death. This can be difficult to do, as negligence must be proved “beyond a reasonable doubt.”
Possible Outcomes
When a loved one dies as the result of someone else’s negligence, the family may file a wrongful death lawsuit. If the defendants are found guilty, they may be ordered to pay damages to the family. There are a few possible outcomes of a wrongful death lawsuit, which can vary depending on the state where the case is filed.
One possible outcome is that the defendants are ordered to pay compensatory damages. This is money that is paid to the family to cover things like medical expenses, funeral costs, and lost wages. Another possible outcome is that the defendants are ordered to pay punitive damages. This is money that is paid to the family in addition to compensatory damages, and it is meant to punish the defendants for their actions. Finally, the defendants may be ordered to pay both compensatory and punitive damages.
This article outlined some of the things that can happen during a wrongful death lawsuit. By understanding what to expect, you can be better prepared for the legal process. If you have been affected by a wrongful death, please seek legal assistance.
