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“What is a ‘wrongful death’ claim"?

If your loved one has died in an accident caused by another’s negligence, then you have a claim for wrongful death. The death could result from the other party doing something unreasonably risky, or failing to do something a reasonably careful person would do.

“Who can bring a wrongful death claim?”

The deceased’s spouse, child, heirs, designated beneficiaries, or dependent parents may bring a wrongful death case.

“What kind of damages can I collect in a wrongful death lawsuit?”

• Medical and funeral expenses
• Lost earnings and support
• Lost pension, medical, insurance or other benefits
• Lost inheritance
• Suffering and grief by survivors
• Loss of care, protection and companionship to survivors
• General damages

“How much time do I have to file a lawsuit?”

Don’t delay. There are strict deadlines on the time in which you can bring your case, after which you may have no further opportunity. Also, the longer you wait, the greater the likelihood that evidence may disappear, witnesses may move, memories may fade, and the ability to win your case will decline. Yours or your family’s future quality of life may depend on your willingness to act now, so please contact the Markam Group for a free consultation.

“Will I have to go to court?

Wrongful death claims often concern large sums of money, so they often go to trial, although many cases are settled before reaching a courtroom.
You usually first give a deposition, telling your story to an attorney and a recorder. If the case proceeds to trial, you must be willing to testify in court about your relationship with the deceased, and how you believe their death was caused by another person’s or organization’s negligence. Your best assurance of getting a fair settlement out of court is often to hire an experienced attorney who could win your case in court.

“What should I look for in a lawyer to represent me?”

A great deal depends on your choice of attorney. Wrongful death is often handled by personal injury lawyers, of whom there are many—but not many with the trial experience or the deep resources needed for demanding cases. Some items to look for:

• Financial resources: Because your attorney pays to prepare and present your case, and wrongful death cases are very costly, be sure your attorney has the funds to see it through. Costs can run to hundreds of thousands of dollars to gather and evaluate evidence, pay expert witnesses, cover travel expenses and more. Meanwhile, your attorney also devotes many hours of time to your case, putting aside other work to do so, which creates still more financial strains. So choose an attorney who can afford the considerable time and money that your case may require.
• Diligence: You’ll want an attorney who provides you personal attention, devoting ample time to preparing and presenting your case.
• Experience: The best assurance of winning your case is to have a lawyer who has won other wrongful death cases like yours, especially if many of those were won at trial, not just in settlement. Wrongful death cases are usually defended by large insurance corporations and highly skilled defense attorneys, all of which are bound by duty to protect the interests of the defendant—the person who caused the accident—and to minimize any payments to you. To prevail against all this, you’ll want an attorney with a strong record of success.

“How much will it cost?”

At The Markam Group, we usually pay to fight your case at no cost to you. Our compensation will be a percentage of the money we recover. If we fail to win the case, you owe us nothing. This is called a “contingent fee”, and the percentage varies depending on the circumstances of the case.

“Are wrongful death damages taxable?”

Except for lost wages, the damage amounts recovered for wrongful death are generally not taxable.

“How long will my case take to resolve?”

Most cases can be filed and brought to trial within two to three years or less, and very worthy claims are often settled much sooner, without trial. The wait for trial often depends on where your case is filed, as most courts are crowded with lawsuits. And, of course, complex cases take more time than simple ones.

For a free, professional evaluation of your case, please contact the experts at The Markam Group.

Phone: (509) 747-0902
Email: info@markamgrp.com