Wrongful Death Law: Exploring The “What Ifs”

When consulting a wrongful death attorney, a lot of grieving family members will have a variety of "what if" questions. While it is important to refer to your attorney when looking for case-specific answers, the information below will be able to help put your mind at ease by providing answers to some of these common questions. 

What if your loved one died as the result of injuries they suffered several months or years ago?

It is quite common for people to survive for months or even years after suffering a serious injury as the result of a car accident or medical malpractice. However, if an individual eventually dies as a direct result of these injuries, it may be possible for the family of the deceased to seek compensation by filing a wrongful death claim. 

This issue can become complex if the deceased already received a settlement for their injuries prior to death. However, family members may still be able to collect additional compensation for damages not covered by this original settlement. This includes compensation for things such as loss of future income and loss of companionship. Since this type of claim can get extremely complicated, it is always best to work closely with an experienced wrongful death attorney to determine exactly what type of damages you may be eligible to recover according to the specific facts in your case.

What if more than one family member wants to file a wrongful death claim?

The law does not allow for more than one wrongful death claim to be filed on behalf of the deceased. However, the law does recognize that many different family members can have a legal right to collect compensation as part of a wrongful death settlement. In order to ensure that all qualifying heirs are able to collect the compensation that they are entitled to, proceeds resulting from a wrongful death claim will be distributed according to the same laws that govern assets left behind by someone who does not have a will. As a result, the distribution of any settlement funds will not be impacted by which family member ultimately ends up filing a claim with the court. 

What if you don't have any money to hire a wrongful death attorney?

You should never let a lack of financial resources prevent you from contacting a wrongful death attorney. In nearly all cases, these attorneys will agree to meet with you for the first time at absolutely no charge. If the attorney offers to represent you after reviewing the facts of your case, this representation will typically be offered on a contingency basis. This means that you will not need to provide any money upfront.

For more information, reach out to a wrongful death attorney at a firm like Wallace Firm.