A wrongful death can be one of the most tragic events that a family can experience. Rather than feeling powerless about pursuing justice against those that are responsible for the death, you as a survivor can become informed so they can make informed legal decisions.
Myth: All the Compensation from a Wrongful Death Lawsuit Will Be Heavily Taxed
The assumption that all of the compensation from the wrongful death lawsuit will be heavily taxed can be extremely discouraging to those that are considering their options. However, individuals should be aware of the fact that the majority of the compensation from these cases is likely to be tax-free. Generally, you will only be subjected to punitive compensation.
Myth: Doctors Can Not Be Sued for Wrongful Death
While it is the doctor's responsibility to heal and otherwise care for their patients, there are some that may fail to uphold their duty. This can lead to wrongful death. If this happened to you, you would be able to pursue legal action against the doctors or other medical staff that contributed to the death of their loved one. It's advisable to hire a wrongful death attorney to help you.
Myth: Any Family Member Will Be Able to Launch a Wrongful Death Lawsuit
The passing of an individual could have profound impacts on a large number of people. However, it is important to understand that typically, the immediate family members of the deceased will be the ones that will be eligible to file a lawsuit or take other legal action in these matters. Some states will also allow business partners to qualify for filing one of these lawsuits, but these instances will typically need to involve the immediate family relinquishing their claim to pursue this matter.
Myth: A Wrongful Death Lawsuit Must Be Filed Within Weeks of the Death Occurring
The period of time following a wrongful death can be extremely stressful and difficult for those that were close to the deceased. As a result, it may be several weeks or longer before these individuals are in an emotional place where they can consider their legal options in the wrongful death case. Fortunately, the statute of limitations on these cases is typically a couple of years, but individuals will need to check with their local laws to know the exact length of time they will have. This longer period of time is to give individuals a chance to settle the affairs of the deceased, heal emotionally, and evaluate their legal options.