A wrongful death lawsuit arises out of a claim a defendant’s intentional acts or negligence caused harm. It is similar to a personal injury claim, except the actions or negligence of the defendant result in the victim’s death. Representatives of the decedent’s estate, acting on behalf of surviving family members and others, typically file suit, and are the most likely recipients of pre-settlement funding for wrongful death lawsuits.
A wrongful death claim may be applied to situations such as:
In the case of medical malpractice, a doctor’s carelessness or failure to diagnose a condition may be enough to prove negligence. Most situations involving personal injury can be the focus of a wrongful death claim. Fatal workplace injuries, however, are generally handled by the worker’s compensation system.
The plaintiff in a wrongful death claim must meet the same burden of proof a surviving victim would have. One may argue the defendant owed a duty of care to the victim. A breach of duty can be used to prove negligence as the direct cause of death.
A statute of limitations applies to wrongful death lawsuits. Wrongful death laws have been adopted and modified by each state over the years, as have the limitations. The statute of limitations begins from the time the victim expired, to anywhere from two to seven years. In California, most wrongful death claims must be filed within two years of the injury or death, or one year with medical malpractice.
Immediate family members, distant relatives, life partners, financial dependents, parents of a deceased fetus, or anyone who suffers financial hardship from the death can recover damages and receive pre-settlement funding, a practical alternative to lawsuit loans. A claim can be filed against different parties, including a driver or employer at fault in a vehicular accident. One could also file a claim against a builder of a faulty roadway, government agent who didn’t warn of, for example, a road hazard, or an auto part manufacturer.
A lawsuit cash advance for wrongful death cases can provide financial support until the plaintiff receives damages such as:
Medical expenses for treating the injured prior to death, funeral/burial expenses, loss of expected income, and loss of medical coverage/pension plans/inheritance may be covered. One could also calculate the value of goods/services the deceased would have provided.
Mental anguish, pain and suffering, loss of care/protection/nurturing/training, companionship, and loss of consortium can add up to substantial damages and compensation.
Plaintiffs may be reimbursed for payments to attorneys, the cost of a lawsuit, and even interest on damages from the time they occurred, depending on the case and where they live.
Although not compensatory, all or part of a punitive damage award may go to the plaintiff. Punitive damages can’t be recovered in every state, or from defendants such as government agencies.
The time it takes for your wrongful death case to settle depends on the type of case. The age of the deceased, length/severity of suffering, where the death occurred, and involvement of the defendant’s insurance company affect how long you’ll need your cash advance for.
Insurers often try to draw out a case and get clients to settle for less. Wrongful death cases can therefore go on for years before a settlement is reached. The financial strain of lawsuit settlement loans can therefore be too much to bare.
Settlement funding is a preferable alternative to a lawsuit loan. Lenders typically factor in your credit, income, and financial history and don’t consider the facts of your case, or your well-being. On the other hand, FCA Legal Funding determines your eligibility through a simple application process and discussion with your attorney. Fees are determined by the risk of the case. Better yet, you only pay back if you receive a settlement—no recovery, no repayment and no hidden fees.
While you can use legal funding for a wrongful death case to pay some legal expenses, the possibilities are limitless. We won’t track how you spend the money. Pay your rent, buy groceries, or take care of mounting medical bills (yes, they’ll still come in after your loved one passes away). Your daily expenses are covered, and repayment will only factor in when you receive a settlement.
FCA Legal Funding offers several payout options, including lump sum payment, monthly installments, and cash advances during the case. Plus, it is easy to find out if you qualify. Just fill out our application form and we will discuss your claim with your lawyer. It’s a much simpler process than pursuing pre-settlement loans!