A wrongful death claim is very similar to a personal injury claim, except instead of being injured, someone has died due to the negligent, reckless, or intentional acts of another. A wrongful death claim is brought by the surviving beneficiaries or dependents of the deceased and must be opened within a certain time after the victim’s death. The purpose is to compensate the victim’s family members who will suffer financial and emotional hardship as a result of losing a loved one.
“While there is no amount of money that can ever replace the person you’ve lost, we at Sweet James want to seek justice and compensation on your behalf…”
Wrongful deaths happen unexpectedly and by various causes. Car accidents, slip and falls, motorcycle accidents are some of the many types of wrongful death cases handled successfully in the past by our wrongful death attorneys.
HOW DOES THE INSURANCE CLAIM PROCESS WORK?
You’re not in good hands, and they’re not looking out for you – insurance companies are looking out for themselves.
An insurance adjuster has no incentive to treat you fairly. Their “job well done” is spending as little as possible to settle your insurance claim. There are many tactics adjusters will use, but their motivation is universal – to deny, delay, and devalue your claim. This behavior by insurance companies places a serious financial burden on their policyholders.
These are some of the largest and most powerful companies in the world. They use their resources to increase profits. You need a Sweet James wrongful death attorney looking out for you. Studies done by insurance companies show that accident injury victims with attorneys get 40% more money than those without attorneys.
We’ve built our firm on the values embraced by Main Street – not Wall Street. At Sweet James, our goals and yours are perfectly aligned. Our success is based on your success. It is in our interest to get you the best results possible.
With our wrongful death lawyers in your corner, you can rest assured that your insurance claim is in the hands of professionals. Let us take care of the details so that you can get back to the more important things in life.
HOW DO CONTINGENCY FEES WORK?
Contingency fees are used most often in personal injury lawsuits or worker’s compensation cases where money is being claimed. According to the American Bar Association, a client pays contingency fees to a wrongful death attorney only if the attorney handles the case successfully.
In a contingent fee arrangement, the wrongful death attorney agrees to accept a fixed percentage of the amount of money finally paid to the client. If you win the case, the wrongful death attorney’s fees come out of the money awarded to you. If you lose, neither you nor the wrongful death attorney will get any money and you will not be required to pay your attorney for the work they do on the case.
Sweet James wrongful death attorneys only get paid if you win
HOW LONG DO I HAVE TO FILE A WRONGFUL DEATH CLAIM?
It’s important to remember that state laws impose a time limit on your wrongful death case. Wrongful death victim’s representatives must use the appropriate timetable to seek compensation, called the “statute of limitations.” This limit can be as brief as 180 days, or as long as two years.
The advice and guidance of an experienced wrongful death attorney can help.
WHAT IS A WRONGFUL DEATH CLAIM?
Wrongful death is a death caused by breaching a civil duty, most often negligence. Each of us has a legal duty to take reasonable care in doing things that might affect other members of society. For example, when building on a construction site, workers have a duty to take reasonable care to operate all the machines according to safety guidelines. Failing in that duty is called negligence.
The legal definition of negligence has a very complex nature compared to the colloquial use of negligence, and the duty of reasonable care required by law has a far and wide reach. For example, determining legal fault in a product liability claim involves different categories with different levels.
There are defectively manufactured products, such as a bad batch of antacids containing a mix from another drug, or defectively designed products, such as a bicycle helmet that fails to protect the user from falls, or even an inadequate or missing warning, such as nail polish that contains a chemical known to cause allergic reactions.
Keep in mind that a wrongful death lawsuit is not a criminal issue. Criminal charges are formal accusations made by state prosecutors asserting that somebody has committed a crime, and is punishable by a fine or jail sentence. Wrongful death, on the other hand, exists to compensate the heirs of the decedent for their loss.
A wrongful death lawsuit claims that the deceased victim died as a result of negligence or other liability due to the defendant’s conduct, and consequently, that the surviving beneficiaries and dependents are entitled to monetary damages. This type of claim generally consists of four elements:
- A death has occurred.
- The death was caused by another’s negligence, or with intent to cause harm.
- There are surviving family members who are suffering monetary injury as a result of the death.
- A personal representative for the decedent’s estate can be appointed.
CAUSES OF WRONGFUL DEATHS
By definition, wrongful death is when a person is killed due to the negligence or misconduct of another party. Those who were dependent on, or a beneficiary of the decedent, may be entitled to monetary damages.
Many states have passed wrongful death statutes in order to compel manufacturing companies, negligent motor vehicle operators, hospitals, and doctors to act carefully in their professional responsibilities. However, wrongful deaths do occur in situations like the following:
Motor vehicle accidents and negligent drivers
Slip and fall accidents
If a family member has been lost due to what you believe is a wrongful death, call a Sweet James wrongful death lawyer to see if you and your family have a wrongful death claim.
DO YOU HAVE TO PAY TAXES ON A WRONGFUL DEATH SETTLEMENT?
While the proceeds of some lawsuits are considered income by the IRS, you do not have to pay taxes on a wrongful death settlement.
Only income is taxable by the IRS. If the IRS does not recognize certain funds as income, then income tax laws do not apply. According to IRS Rule 1.104-1, the proceeds of a wrongful death settlement are not taxable.
However, there are exceptions to Rule 1.104-1. Some proceeds from a wrongful death claim may be taxable if they are for interest or for medical bills that have previously been used as a tax deduction. Emotional distress damages may also be taxable if they result from trauma that is not related to bodily injuries.
A Sweet James wrongful death attorney will help you to answer your questions and protect your rights.
WRONGFUL DEATH COMPENSATION
Money can never replace a loved one. However, being financially secure in your future and seeing responsible parties being brought to justice can provide a sense of closure and security to survivors.
Factors that courts can consider when determining wrongful death damages may include:
The earnings that could have been earned by the deceased through their life
A survivor’s loss of companionship
The savings of the deceased
Survivor’s financial dependence on the deceased or the amount they were damaged by the death
Expenses incurred for medical and funeral costs
If your family has suffered what you believe is a wrongful death, call a Sweet James wrongful death lawyer to see if you and your family have a wrongful death claim and if so what damages might be appropriate.
HOW CAN A WRONGFUL DEATH ATTORNEY HELP MY FAMILY?
At Sweet James, we take a comprehensive approach to dealing with our cases. If you have suffered through the wrongful death of a family member, we want to help you on the road to recovery. We care about who the person was that passed away, not just how it happened. We know that nothing can alleviate the emotional pain in the wake of such a devastating loss, but we can help you lessen the financial load and provide you with security for your future. Here are some of the unique and stand out ways that our wrongful death law firm handles cases:
– Team Strategies – At Sweet James, we foster an attitude of cooperation. An entire team of people will be assigned to your case, focused on getting you results. We communicate with each other, gather input from multiple experts, and keep you connected. By putting our minds together, we can think creatively, work efficiently, and ultimately provide you with the best settlement or verdict.
– Professional Resources – We have the professional relationships and proper funds to investigate a case from every angle. We find evidence that others have overlooked, analyze data with state-of-the-art tools, and question anyone potentially involved in the accident. We are a dedicated law firm that has the ability and personnel to accomplish more.
WHY CHOOSE SWEET JAMES WRONGFUL DEATH ATTORNEYS?
We expect to win every case. We take your loss personally, and we treat you and your family like our own.
Sweet James wrongful death law firm knows the games that insurance companies play and the tactics that are used against our clients. Before founding Sweet James, James defended insurance companies against injury claims. Knowing their playbook has made James an especially persuasive advocate in wrongful death cases.
From start to finish, our strategy revolves around you. Developing a relationship with our clients to understand your loss and protect your interests is the cornerstone of our mission.
We know how to do it, and we are very, very good at our jobs. While our compassionate wrongful death attorneys focus on maximizing the amount of money you get from your claim, you can focus on getting over your loss.
RESULTS YOU CAN TRUST
Wrongful death, personal injuries, and accidents are more than just insurance claims. For Sweet James and his experienced team, it is about making things right. Our aim is to do more than simply win your case; we have made it our mission to maximize your recovery. We want to give each of our clients peace of mind and a springboard to their future.
Visit our Results Page to hear from Actual Clients, read Actual Client Reviews, and see recent recoveries from over $500 million dollars we have recovered for accident victims.
Don’t let an insurance company stall or devalue your claim – contact a Sweet James wrongful death attorney immediately after losing a loved one in an accident.
As a public service, Sweet James posts vehicle accident news daily. Visit our Accident News pages. If you lose a loved one in a catastrophic accident, you can get justice from a Sweet James wrongful death attorney.
FREE POLICE REPORTS
Sweet James hopes that you never have to experience the inconvenience, pain, and cost of an accident. However, if you are ever in an accident, now you can obtain a free copy of your accident police report.
Open any Car Accident News Article to access the Free Police Report request form.