What You Should Know Before You File a Wrongful Death Lawsuit
You probably have dozens of different questions if you’re filing a wrongful death lawsuit. You may not know this, but it isn’t always necessary to take your case to trial. Recently, arbitration has become tremendously popular. The drawback of taking your claim to court is that it is often expensive and time consuming. The reality is that you can’t be certain of when a trial will be finished. People choose mediation because it is incredibly fast and efficient. This strategy should be worth your consideration.
Prior to filing your wrongful death claim, familiarize yourself with the rules about time limits. If you need to know what type of timeframe you’re looking at, study your claim’s specifics. Lawsuits involving government workers, you should have five months to get your claim started. If the defendant is an employer though, you will have several years.
When you talk to your insurance company, they will usually offer you a certain amount of money to settle. It should be obvious that you do not have to accept this offer. Agreeing to a contract often requires some amount of negotiation.
The concept of fault is an incredibly important part of your lawsuit. The specific details of your wrongful death case will be entirely unique. More often than not, assigning fault is very straightforward. In other words, your arguments should be about precise percentages. If you are ruled to be at fault at all, the size of the offer will take a hit. When it comes down to it, however, the local laws in your area will determine the value of your wrongful death claim.
You may want to start by looking into liability. There are a pair of main approaches that a state could use. These disparate ideas are known as contributory negligence and comparative negligence. These phrases may seem confusing, but in reality, they are very basic. If you’re living in a state with contributory negligence, you cannot receive damages if you were part of the collision. Under comparative law, you can be be compensated regardless of whether or not you were negligent. The vast majority of the time, fault will be defined by an exact percentage.
After your paperwork has been filed, you will need to negotiate. In an ideal scenario, the insurance agency will accept the original offer. When this occurs, your claim is done. Agreeing to terms usually takes a great deal of discussion. Once you’ve arrived at a conclusion, record it in the contract. Since you are the plaintiff, you should also sign a release. This precludes you from filing claims at a later time.