Question 1

What Is A Wrongful Death Lawyer?

Accepted Answer

A wrongful death lawyer is a lawyer with experience in handling a wrongful death claim or lawsuit. When families lose a loved one due to negligence or misconduct, the funeral expenses and other punitive damages fall to them.
Wrongful death lawyers seek to prove the responsibility factor another party had in that wrongful death, and they do this to ensure your family can make it through their pain and suffering with as much support as possible.

Question 2

How Do I Choose A Wrongful Death Lawyer?

Accepted Answer

Choosing a wrongful death lawyer is an important part of filing a wrongful death case; you want to make sure you choose a lawyer with the appropriate skillset and experience necessary to help you navigate your case.
In particular, it can be helpful to work through the following points when determining who you should bring on as your wrongful death lawyer:

What is their background?
Having a lawyer with decades of experience gives you the benefits of their expertise. Get familiar with what our team of lawyers has to offer.
How many wrongful death cases have they handled before?
Between our team at Skaug Law, we have around 100 years of accumulated experience in a variety of case types.
What is their fee structure like?
Whether or not a lawyer charges upfront is important to know before you enter into a consultation, but you always want to be sure you know exactly how their fees will run. This is why we offer a free consultation. You don’t have to worry about paying anything, and we can explain exactly what to expect from our fee structure at that time.
Are their testimonials positive?
There’s something to be said about a law firm that inspires its clients to leave behind a message about their positive experiences. Check out the testimonials from our Skaug Law team here.
Have they told you what to expect during a wrongful death case?
You cannot confirm if a lawyer who seems good is the right fit until you talk with them. Our team at Skaug Law offers free consultations, so contact us today to find out how we can best work together!

By working through these points when determining which lawyer is going to be the best fit for your needs, you’ll be able to get a better idea of what to expect from their services. Here at Skaug Law, we have a variety of experienced lawyers who are available to support you on your journey.

Question 3

How Do You Win A Wrongful Death Lawsuit?

Accepted Answer

In order to win a wrongful death lawsuit, there are two primary things that must be proven by you and your legal team.
First, it must be proven that the death of your loved one was caused by the negligent actions of another party and that the loved one themselves was not responsible for the death.
Second, it must be proven that the death of the loved one caused a measurable and unnecessary amount of pain, suffering, and damages.

Question 4

How Much Can You Get For Wrongful Death?

Accepted Answer

As with all legal cases, there is no specific amount of money that can be won in a wrongful death case or received in a wrongful death case settlement. The amount of money that will be won in any case is going to be dependent on a number of factors:

Degree of pain and suffering
Medical bills
Funeral costs
Damages
Loss of income damages

These are just some of the factors that will be used to determine what a reasonable amount of compensation is in any wrongful death case.
Depending on how many of these factors apply and to what degree, your deserved compensation could increase dramatically. Working with an experienced lawyer on a wrongful death case can help ensure you get as much compensation as possible.

Question 5

How Long Does It Take To Settle A Wrongful Death Case?

Accepted Answer

All lawsuits take time. Many cases are settled before they go to trial, but even achieving a settlement can take between one and two years. It is possible for some wrongful death lawsuits to take several years to be fully resolved.

Question 6

Who Can Bring A Wrongful Death Suit?

Accepted Answer

In most areas, a wrongful death suit can only be filed by someone who is a representative of the deceased’s estate. Typically, the following hierarchy is followed:

Filed on behalf of the surviving spouse
If no spouse, then file on behalf of the victim’s children
If no spouse or children, the victim’s parents may file
If no spouse, children, or parents, the next nearest blood relative may file

If you are unsure if you are the right party to file a wrongful death lawsuit but you feel you deserve some type of compensation, contact our office for a free consultation to find out what can be done.

Question 7

How Are Wrongful Death Settlements Paid Out?

Accepted Answer

Wrongful death settlements are paid out based on the specific case, who is involved in the case, and what the court decision or settlement says. In most cases, the majority of the settlement will be paid by the insurance company of the other party. When the insurance limits have been met, the individual will then be responsible for the payout.

Question 8

Who Pays For A Wrongful Death Lawsuit?

Accepted Answer

Wrongful death cases vary greatly; the final decision about who will cover court fees is likely made by the judge. In terms of paying for your own representation, our team at Skaug Law does not charge an upfront fee. You only pay attorney fees when you win your case, and the exact percentage that accounts for those fees will depend on the case type.
For personal injury cases, fees are usually around 33% while workers’ compensation injury cases are usually around 25%.

Question 9

Do You Have To Claim A Wrongful Death Settlement On Your Taxes?

Accepted Answer

According to the IRS, most settlements received in wrongful death cases are not taxable. Some portion of the settlement, however, may be taxable. If punitive damages were awarded for part of the settlement, those may be taxable. To be sure you are handling the finances of a settlement properly, it is best to work with a CPA or accountant.

Question 10

Does Insurance Cover Wrongful Death?

Accepted Answer

When your wrongful death case is against a private individual, it may be possible to receive compensation from their homeowner’s insurance policy. This compensation may be available whenever the accident or incident fits the umbrella “liabilities” premise of the individual’s policy.
While many homeowner’s insurance policies cover wrongful death scenarios, whether or not wrongful death is covered in an insurance policy is going to depend on that specific policy. It is important to be familiar with both your insurance policy and what other involved individuals’ policies may cover. You can often find out this information by calling the insurance company, and our team can also help you to gather this necessary information.

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