Wrongful death cases are typically the result of an accident and are not planned out by the at-fault party. Due to the sudden nature of wrongful death cases, family members of the deceased may be put into a rough financial position as they take over their loved one’s finances and debt after their untimely passing. Lawsuit loans are available to help these family members or estate managers handle the stress of the deceased’s finances.
What is Wrongful Death?
Wrongful death is a lawsuit that seeks compensation for damages that lead to a person’s early or untimely death. This type of lawsuit is typically due to an accident or negligence and is tried as a civil case instead of a criminal case. Wrongful death claims are typically presented by a third-party representative who is not personally affiliated with the affected family. There are a variety of accidents that can lead to wrongful death. Some of the most common include:
- Vehicle accidents
- Medical malpractice
- Occupational hazards
- Premises liability accidents
- Criminal accidents
- Nursing home abuse or neglect
- Slip and fall accidents
Normally, the above accidents aren’t considered deadly; however, should they cause wrongful death, multiple parties could be held liable for the actions that caused the victim’s death. While these are the most common incidents that lead to wrongful death, other accidents may also be considered wrongful death, depending on the circumstances surrounding them. If you are unsure of whether your claim constitutes wrongful death, contacting an attorney can help you better understand your claim and how to proceed with it.
Filing a Wrongful Death Claim
Wrongful death claims are typically filed by a member of the deceased’s family or estate. These types of cases will rely very strongly on the evidence presented by both sides because the nature of the case isn’t criminal; it’s civil. Therefore, when filing a wrongful death claim, there needs to be sufficient evidence to back up your claim.
Hiring an attorney to assist you with your claim is recommended for wrongful death cases as they are riddled with difficulty. A reputable wrongful death attorney can assist you in collecting evidence and documentation to prove your claim, as well as investigating your case and calling in experts to testify on your behalf. Additionally, hiring a skilled attorney to handle your case can ease the stress around it and let you know that your case is being handled by a trained professional.
Your attorney may also be able to assist you in determining the settlement amount for your case. Many factors can affect the settlement amount you can ask for. Many people use the following factors to determine the settlement amount they ask for in their claim:
- The deceased’s savings
- Family’s financial dependency on deceased
- Earning power of the deceased
- Mental distress
- Pain and suffering experienced by the deceased before death
These factors can help you and your attorney establishes how much compensation can be asked for and granted based on the specifics of your case. There may be other factors that affect the settlement amount of your case. If there are, your attorney should communicate them to you, so you are on the same page.
What Lawsuit Loan Options Are Available to Help
Lawsuits can quickly become very expensive, especially lawsuits that take long periods to sift through the evidence and settle. Due to this, many people involved in lawsuits may need access to extra capital to help keep them financially stable while their lawsuit is ongoing. Those involved in the middle of a wrongful death lawsuit may apply for the following if they need financial assistance:
- Pre-settlement funding- This type of lawsuit funding is for those involved in an ongoing case. Depending on the specifics of your case, you will receive a lawsuit loan that accounts for a percentage of your predicted settlement amount. Though it is called a lawsuit loan, it is non-recourse, meaning that if you lose your case, the money you received will not have to be paid back. If you do win your case, the money you received will be paid back without interest.
- Post-settlement funding- This type of lawsuit funding is for those who have won their case but likely won’t see settlement payments anytime soon. Those who apply for post-settlement funding can receive a percentage of their awarded settlement amount early so that they can help pay off important expenses. Those who use this type of lawsuit funding will not have to pay back their funding until they receive settlement payments.
To secure lawsuit loans for your case, it needs to be strong and include ample amounts of evidence on your part. If you possess a strong case, you will be granted a percentage of your predicted settlement amount in the form of a lawsuit loan. The money obtained through lawsuit loans can be used for a variety of factors. In a wrongful death case, families typically use lawsuit loans to cover:
- Funeral, burial, or cremation costs for the deceased
- Property damage caused by the accident
- The remainder of the deceased’s medical bills
- Car payments, rent, mortgage payments, credit card payments for themselves or the deceased
- Day-to-day expenses such as groceries and gas
The family of the deceased may be put into a difficult financial position following their loved one’s death and may need to use the money obtained through lawsuit loans to help support their finances while paying off the deceased’s bills. Lawsuit loans are meant to take the financial burden off of the party involved in the lawsuit.
Contact The Legal Funding Group
If you are in the middle of a wrongful death lawsuit and require financial assistance, contact The Legal Funding Group. Our goal is to try and help ease the burden on you and your family during this trying time. You can call us at 912-207-8114 or fill out an application on our website here.