Losing a loved one is hard enough, but it’s even worse when their death was caused by someone else’s actions. If you’ve lost a loved one due to someone else’s negligence, the law allows you to sue the responsible party for your losses. If you’re in this situation, you probably have many questions going through your mind: What are my rights? Should I talk to an attorney?
Or, if you already have an attorney, you may be wondering, “How long do I have to wait until my case is settled?” Based on previous settlements, we can tell you there is no specific timeline for resolving a claim for wrongful death compensation. We’ve had cases that took 3 months from start to finish, and others that took 4 or more years. But it’s impossible to give an approximate estimate without knowing the details of your case. We can, however, educate you on the process your claim will go through and how that affects when you will be paid by the responsible individual or entity. We hope you will find this information helpful, but keep in mind that everything we go over today applies to wrongful death lawsuits in general.
For answers that are specific to your own case, please give us a call at our office.
Accidents That Can Result in Fatalities
Fatalities can occur in just about any type of accident, but there are situations that are more prone to serious injury than others. Here are some of the most common accidents that form the basis of a wrongful death compensation lawsuit:
- Car accident
Car accidents are the leading cause of fatalities for motorists and pedestrians. Just in the year 2020, there were 3,723 deaths from car accidents in the state of California. Car accidents happen for many reasons, including speeding, driving while intoxicated, and being on the phone. Sadly, the number of car accidents has been steadily increasing due to delivery services and rideshare apps. These drivers operate under tight deadlines, which can cause them to drive recklessly.
- Trucking accident:
Accidents involving tractor trailer, car transporters, and other large trucks are responsible for some of the most serious injuries, including death. Most of these accidents are caused by human error on the part of careless or improperly trained drivers. Driving while intoxicated or without enough sleep are among the leading causes of driver-related truck accidents.
- Motorcycle accident
Fatal injuries are commonly associated with motorcycle accidents, since the rider has much less protection than the car or truck driver. Riders are also thrown off the bike and make impact with the ground or other cars, which can easily result in death.
- Workplace accident
In 2020, there were 4, 764 workplace fatalities in the U.S, according to the Bureau of Labor Statistics. The majority of fatalities occurred at construction sites, due to electrocutions, falls from scaffolding, and being hit with falling objects. However, OSHA violations and other unsafe conditions can lead to deadly accidents at any work place.
- Medical malpractice
If a medical professional’s negligence, such as carelessness or deviation from accepted practices, leads to a patient’s death, that is grounds for a wrongful death lawsuit. The majority of medical malpractice lawsuits fall into the following 3 categories: medication errors, birth injuries, and incorrect diagnosis.
- Airplane / helicopter crash
Aviation crashes can easily result in death, even at relatively low heights. There may be numerous causes for the accident, including pilot error, manufacturer defects, and negligence by the aviation company. Proving who is responsible (liability) is essential in these cases, since that will affect the amount of compensation you can ask for.
- Bus / Train accident
If the bus or train is operated by a government entity, you’ll need to file a claim within 6 months of your loved one’s death. This is much shorter than the statute of limitations for most personal injury cases, which is 2 years from the date of the accident or the date of death. Thus, it’s essential to find a lawyer right away to ensure that your claim is filed on time.
- Defective product
Wrongful death claims for defective products are often associated with product recalls. Defective products can cause a wide range of fatal injuries, including traumatic brain injury, spinal cord damage, and choking/ suffocation. Liable parties may include the manufacturer, the factory that assembled the product, and the retailer that sold the product.
- Slip and Fall
Slip and fall accidents can happen anywhere and many of them lead to serious injuries. Accidents involving slip and falls are a leading cause of death in the U.S., especially among the elderly, according to the Center for Disease Control. Many victims do not die right away, and instead, endure prolonged suffering from head injuries or spinal cord damage. This process can be incredibly traumatic to the victim’s family members and loved ones.
- Collapsing roof / ceiling
The debris and impact from a falling roof or ceiling can lead to one or more fatalities, depending on the location of the accident. Workers like roofers and plumbers can also die from falling through weak roofs and ceilings, or through openings in the roof.
Compensation from a Wrongful Death Lawsuit
When a loved one dies unexpectedly, it can be financially and emotionally difficult to deal with the losses they’ve left behind. When someone else is responsible for those losses, they can be sued for the following types of compensation:
- Funeral costs.
- Medical bills associated with the victim’s accident.
- Loss of expected income that the decedent would have earned.
- Loss of gifts, inheritance, or benefits.
- Household services that were provided by the decedent.
These are economic damages, meaning they are defined by a set dollar amount based on your circumstances. Family members and loved ones can also sue for emotional losses, such as:
- Pain and suffering
- Loss of consortium
Pain and suffering refers to the emotional trauma a person goes through as a result of their loved one’s death. For example, a woman who lost her husband in a car accident may have spent weeks by his side while he struggled with his injuries. The trauma from watching him in pain and having to accept his death would cause significant mental health issues that will affect her for the rest of her life. Since pain and suffering is not based on your economic losses, it’s challenging to put a value on this type of compensation. An experienced wrongful death lawyer can ask the right questions and calculate an amount that’s fair to you.
Another type of emotional damage is loss of consortium, which applies to spouses and domestic partners. Consortium refers to the special bonds you share with your significant other, like love, companionship, and emotional support. Losing out on their consortium can deprive you of various things, including sexual relations and future children. California law allows compensation for these losses, though you should work with an attorney to come up with a reasonable sum.
The lawyers of Normandie have the experience to recover every type of compensation you’re entitled to. Call our office and speak to a wrongful death compensation lawyer.
How Long Do I Have to Wait Before My Claim is Settled?
The timeline for a wrongful death lawsuit varies considerably, ranging from a few months to a few years. Hopefully, the responsible party’s insurers will cooperate and make you a reasonable offer. If not, you will have to request mediation or alternative dispute resolution (ADR) and try to negotiate a settlement with help from a third party specialist. However, a certain amount of accident investigation and private negotiations need to occur before your lawyer can request a mediation date. So by the time you get to mediation, it could be a year or more since your loved one passed away.
Fortunately, around 95% of cases are resolved via mediation or ADR. However, if you still can’t come to an agreement using these methods, your case will have to go to trial. That could add many more months to your case, depending on your hearing date and the length of the trial.
At our firm, we do our best to settle wrongful death cases within the first few months of a claim. But we prepare clients for the possibility that things could take longer, especially for complex incidents like plane crashes and bus accidents. What matters is not a specific dollar amount, but what is fair and adequate for the victim’s needs. However, it’s easy for loved ones to crumble under the weight of their grief and accept an offer that’s inadequate for their recovery. Thus, it’s essential to work with an attorney who will remind you that the law is on your side. You’re asking for what you are legally entitled to, and they are doing everything in their power to fight for it. But what if you’re working with an attorney who doesn’t inspire that level of confidence? That’s what we’ll talk about in the next section.
Why is My Lawyer Taking Such a Long Time on My Case?
Some of our clients come to us from other law firms because they’re unhappy with the lack of progress in their case. We want to stress that the lawsuit process is long and arduous for many clients, depending on the details of the accident and the at-fault party’s reluctance to admit responsibility. This is particularly true once you’re past negotiations and into the lawsuit stage. Then again, you’re probably aware of this already if you have a pending case. At this point, you may have been waiting a year for results and feel like your lawyer is playing games.
It’s impossible to say why your lawyer is taking so long without knowing what’s been done on your case so far. However, it is a fact that some lawyers see personal injury cases as a numbers game. They want to maximize their profits, and as a result, may be prioritizing someone else’s case over yours. Another possibility is that your lawyer isn’t quite as experienced as they should be. They may have felt pressured by their firm to take on certain cases, and now that your case has a chance of going to trial, they’re too scared or ashamed to tell you about their lack of experience.
On the other hand, maybe your lawyer doesn’t have the best communication skills. It could be that they’re taking consistent action to move your claim along, but feel like you don’t need an update unless something big happens. In that case, just telling them you need more communication may be all that’s needed. Again, we can’t say what’s behind the stagnation in your lawsuit without studying your case. One of our lawyers will be happy to do that for you during a free second opinion consultation. That way, you can make an informed decision about your legal options and not rush into something on a whim.
Can I Switch the Lawyer That is Handling My Wrongful Death Case?
Yes, you can switch lawyers during a wrongful death lawsuit in the state of California. This comes up a lot during free second opinion consults, so we want to make it clear that it’s your legal right to change counsel at any point during a case. As we mentioned, a second opinion is your chance to confirm your suspicions regarding your lawyer’s service, or if your conflicts are a matter of personality differences.
It’s also a chance for us to educate you on the terms for ending your client-attorney relationship. These terms typically include payment terms, like how much your old attorney will be paid in the event that you end your contract prior to settling your case. If you transfer your case to us, we can take care of those details, along with notifying the courts of your change in counsel. However, the decision to switch lawyers is ultimately up to you, and we are happy to assist you either way.
Contact our office schedule your free consultation with one of our attorneys.
Our Zero Fee Guarantee
The lawyers of Normandie look forward to advising you and doing everything we can to help you move forward with your life. No amount of money can replace your loved one, but recovering from a wrongful death often requires therapy and other medical interventions. Additionally, there are economic losses you will struggle with, like funeral costs and household income that the decedent would have earned. It is unconscionable that you should face financial hardship or skip out on treatment when someone else is at fault for your loved one’s death. That has always been our guiding principle, and the reason we offer free legal representation to loved ones of accident victims.
With our Zero fee guarantee, you will never pay upfront for our services, including free second opinions if you’re unhappy with your current lawyer. Our payment is only recovered if we win your case, so if we lose, you pay us nothing and we eat the costs.
Please give us a call and let us fight for the wrongful death compensation you deserve.
