Losing a dear one unexpectedly can leave you and your family traumatized for years. When negligence is to blame for the cause, questions about what happened and how this tragedy could have been prevented are natural to bother your mind.
A wrongful death lawsuit allows the surviving family members to claim compensation for the immeasurable losses they have suffered from.
Read on to learn a few important questions you should consider asking your wrongful death lawyer to gain better clarity about your lawsuits.
Who can File a Wrongful Death Case?
In most states, the immediate family members, like the deceased’s parents, spouse, and children, are entitled to file a wrongful death claim. These family members can file a wrongful death action on their own or file a claim as a group on behalf of all the survivors.
In case no immediate family member claims compensation within three months of the event’s happening, the deceased’s executor can file a wrongful death claim on their own.
Suppose you recently lost a loved one due to the other party’s negligence. In that case, consulting with a professional wrongful death lawyer is recommended to ensure fair compensation for your loss.
What To Do if an Insurance Company Approaches Your Family for Settlement?
Soon after the happening of the wrongful death, the insurance company, on behalf of the at-fault party, may contact your family for settlement. While they may or may not seem nice, it is always advised to let your legal representative handle the claim and conversation. Unfortunately, these immediate settlements are intended to have you sign off from your legal rights for minimal compensation.
Hence, keep in mind not to sign any paperwork or make a statement without hiring a professional wrongful death attorney for your lawsuit.
What Damages are Recoverable in Wrongful Death Suit?
No amount of money can indeed compensate for the loss of a loved one. However, unexpected deaths often leave families with significant financial burdens that shouldn’t be stressed about. Some of these common losses and expenses include:
- Funeral and burial expenses
- Medical expenses
- Loss of care and support
- Mental anguish
- Loss of earning capacity
- Punitive damages
- Loss of inheritance
Are Wrongful Death Damages Taxable?
The IRS does not tax the compensation associated with wrongful death damages as these are intended to support families suffering from the loss of a loved one.
However, in some situations, an award or a settlement becomes partly taxable if the family is awarded punitive damages along with compensatory damages.
Therefore, it is recommended to consider your tax implications or discuss the same with a well-experienced wrongful death attorney to ensure your best interests.
Dealing with the loss of a loved one can be emotionally traumatizing, especially due to someone’s negligence. It is one of the reasons you should consider hiring a reputed wrongful death attorney for your lawsuit.
If you want to hire one of the best law firms in Port Charlotte, Florida, then The Wotitzky Law Firm is here to help.
Our team of law professionals will help you deal with all your legal matters keeping your best interest in mind. We can also help you handle other legal affairs like family law, real estate, contract, business, and personal injury law. Please write to us at email@example.com or call us at +1 941-639-2171 to learn more about our probate attorney in Port Charlotte, FL.