Basic Questions And Concerns About Wrongful Death Lawsuits
Wrongful death claims can be among the saddest and most stressful issues that a person will have to address. In order to increase your chances of being successful in these matters, you should learn as much as possible in regards to these legal disputes so that you will know how you should react when addressing these matters.
Are Wrongful Death Claims Limited To Instances Of Medical Malpractice?
While medical malpractice is a common cause of wrongful death lawsuits, it is important for individuals to understand that this is not the only potential source of these lawsuits. In fact, it may be possible to pursue a wrongful death claim in most accidents that result in the death of an individual. Another assumption that people will make about these lawsuits is that they require criminal prosecution of the party responsible. While it may be possible for the party responsible for the death to face criminal charges, this will be separate from any civil legal action that you take. In fact, civil lawsuits may be the only recourse for justice in situations where the local prosecutor decides against pursuing these charges.
Can Multiple People File Wrongful Death Lawsuits Over The Same Incident?
It is important to understand that only one party will be able to file the wrongful death lawsuit. Furthermore, each state will have strict laws governing those that are eligible for pursuing one of these claims. In addition to these restrictions, there will be a priority order for those that are eligible for pursuing this claim. For example, it is common for immediate family members to be given priority in filing wrongful death lawsuits. If these individuals choose to not pursue this claim, it may be possible for other eligible parties, such as business partners, to proceed.
What Are The Upfront Costs Of Being Represented In A Wrongful Death Lawsuit?
If you considering whether or not you should pursue a wrongful death claim, you might be concerned with the legal costs that will be involved in pursuing this claim. Often, individuals simply assume that they will be required to pay their attorney's fees upfront. While this is true for criminal defense attorneys, civil injury and wrongful death attorneys work on contingency. This means that clients are only responsible for paying their attorneys when the attorneys are able to successfully collect damages for them. This will allow you to pursue your case without having to worry about paying expensive attorney fees in the event that the claim is unsuccessful.
To learn more, contact a law firm like Fitzsimmons & Vervaecke Law Firm.