Wrongful Death claims do not necessarily coincide with loss of life caused by a criminal act. Instead, the type of wrongful death cases that are most commonly pursued on behalf of victims involve the loss of someone in your family from a tragedy. Most insurance policies that cover businesses, commercial vehicles, or other auto accident claims have exclusions for murder or other criminal acts. When you have lost a loved one due to negligence, you can get justice in many cases, but it is something that your attorney will have to review with you carefully.
But even if you have a valid claim for wrongful death, we realize no financial compensation will be able to make your loved one’s life come back and it will never be able to swallow the pain. In these cases, most families turn to their faiths and look inward for strength, and the component that involves suing the responsible parties is often the last thing that you think about. So coping with loss of income brought on from a fatal accident.
Every law firm is not created equally when it comes to wrongful death. The reason for this is that there are significant components of a wrongful death case that require legal experience beyond general law. If you need compensation for moving forward in your life, you will need to get the right attorney. As a national wrongful death firm, we might often co-counsel with exceptional law firms who can provide extra boots on the ground at the jurisdiction where an accident occurred. Such co-counsel relationships can be common in large wrongful death cases.
When you are considering whether your family has a significant claim, you will need to consider how the death occurred. Most accidental deaths involve the following types of accidents:
When you get down to the brass tacks of a personal wrongful death case, or any accidental injuries, the unfortunate reality is that the death, however tragic, may not lead to significant compensation if there is not a significant insurance policy in effect to cover the death. Other situations that can allow you significant compensation are situations where there are deep pockets of the responsible parties. For example, if your loved one was killed in an auto accident in Chicago, and the responsible driver only carried Illinois state minimums, then their death would only result in a $25,000 policy coverage. For clients in the state of Texas, on the other hand, minimum coverage would provide $30,000 to a victim of wrongful death. What this means, is that regardless of how serious the implications of losing a loved one, if the other driver only carried a consumer auto insurance policy, there will not automatically be substantial compensation available to the family of the person who was killed.
One factor that will generally change this type of result include situations where the driver of the other vehicle has significant assets or “deep pockets.” If they have multiple homes, expensive assets, and do not carry insurance in the form of an umbrella policy, their assets will be at risk. For those wealthy individuals who cause an accident who do carry an umbrella policy, the family of the victims may be able to expect substantial compensation.
Another factor that can change the layout of a wrongful death claim is commercial insurance. For this reason, trucking accidents which can be so much more serious than other types of accidents could end up in the family being compensated fairly for their loss of a family member.
And furthermore, other situations that involve a homeowner’s insurance policy can result in larger compensation for families who experienced a fatality. This might mean that you had a child who was killed by a dangerous dog like a pit pull, Doberman pincer, or Rottweiler. The policy limits on homeowner’s policies are typically much higher than an average car insurance policy. And regardless of the cause of a death, you should know that hiring skilled representation is important. Some people do not believe that compassion should be part of this equation. Certainly, it is true that some attorneys have bad bedside manners, but we have experienced that the team at Baizar Kolar, P.C. offer both an extreme measure of competence, but also that compassion you really yearn for in the wake of such serious loss of life. We are an aggressive, yet compassionate law firm, and we can recognize these same traits among the team at Baizar Kolar. This is important if you will be pursuing a responsible party in a claim. It will truly be important in helping you and your family to heal.
Determining the specific resulting financial loss from a wrongful death are not necessarily a cut and dry process to determine. You cannot place a monetary amount on a family member’s life, but this is literally what is required when pursuing a claim. You will be asked to determine the financial loss that comes with losing your loved one. A skilled treatment of a fatality claim will involve an attorney who will closely work with you in considering the factors that go into a settlement or jury verdict. The kinds of damages would include such things as:
It is important to remember that even if a negligent party is cleared of criminal charges, they may still be responsible for damages in a wrongful death lawsuit. Our Philadelphia wrongful death attorneys will help you establish your case and fight to get you the full compensation you need to face the trying years ahead.
We would to thank the team at Baizar Kolar, P.C., a wrongful death law firm based in Dallas, Texas, for providing us with this great article.
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