How Are Wrongful Death Settlements Paid

When a death is caused by the wrongful act or negligence of another, the other survivors may be able to file a wrongful death lawsuit to recover damages. Who can file a wrongful death claim, and how are wrongful death settlements paid?

In most states, the surviving spouse or domestic partner is the first in line to file a wrongful death claim. If there is no surviving spouse or domestic partner, then the children of the deceased may be able to file suit. In some cases, the parents of the deceased may also be able to file a wrongful death claim.

Wrongful death claims are filed under state law, not federal law. As a result, there is no set formula for how wrongful death settlements are paid. However, many states do have laws that determine how damages from a wrongful death lawsuit are to be distributed among the survivors. In most cases, the damages are awarded to the survivors who suffered the greatest financial losses as a result of the death. For example, if the deceased was the primary breadwinner for the family, then his or her spouse and children would be likely to receive the largest share of any settlement.

If you have lost a loved one due to someone else’s wrongful act or negligence, you may be entitled to file a wrongful death lawsuit. An experienced wrongful death attorney can help you understand your legal rights and options and fight for the compensation you deserve. The professionals at Dobbs Law discussed how wrongful death settlement is paid and how a personal injury attorney can help you during this difficult time.

How Is Wrongful Death Defined

Wrongful death is defined as a death that occurs due to the negligence or wrongful act of another person. For a wrongful death claim to be successful, the surviving family members must be able to show that their loved one’s death was caused by someone else’s negligence or wrongdoing. In a personal injury or wrongful death case, it is the filing party’s (plaintiff’s) burden to prove the case.

Common Ways of Negligence

There are many different ways in which someone can be negligent or commit a wrongful act that leads to another person’s death. Some examples include:

• Drunk driving accidents
• Texting while driving accidents
• Dangerous or defective products

If you have lost a loved one in any type of accident or due to someone else’s negligence, you may be able to file a wrongful death claim.

Who Pays Wrongful Death Suit Settlement

In most cases, the settlement for a wrongful death lawsuit will be paid by the at-fault party’s insurance company. However, there are some exceptions. For example, if the at-fault party was driving a commercial truck at the time of the accident, then the settlement may be paid by the trucking company’s insurance.

If the liable party was uninsured, then they are personally responsible for paying any damages you receive. You may be able to collect payment through their assets, such as property or savings accounts. However, this can be a difficult process, so it is important to speak with an experienced attorney who can help you recover the compensation you deserve.

Choosing an Experienced Wrongful Death Lawyer

Wrongful death lawsuits can become overwhelming, both emotionally and financially. An experienced wrongful death lawyer can help you navigate the legal process and fight for the compensation you need to cover funeral expenses, lost wages, and other damages.

Choosing the right personal injury law firm is an important decision. Wrongful death cases are complex, and having an experienced and knowledgeable attorney on your side can make all the difference in the outcome of your case. Do your research and ask around for recommendations. Once you have narrowed down your options, schedule consultations with each of the attorneys you are considering. This will allow you to ask questions, get to know the attorney, and see if they would be a good fit for your case.

 

Dobbs Law Can Make a Difference in Your Wrongful Death Claim

The attorneys at Dobbs Law have extensive experience handling wrongful death claims and will fight to get you the compensation you deserve. They understand what you are going through and will work to ease the burden during this difficult time. Contact Dobbs Law in Odessa, TX today at (432) 580-0808 to schedule a free consultation.

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