Are you shocked by the volume of misinformation surrounding wrongful death lawsuit claims? Don’t worry—there are many myths out there, and in this article, we debunk the most common ones so you’re fully informed before taking action.
Debunking the Most Common Myths About Wrongful Death Lawsuits
Myth 1: “A wrongful death lawsuit is always quick and easy to win”
How long does a wrongful death lawsuit take? In reality, these cases are rarely resolved quickly. Depending on their complexity, they can extend well beyond a year. Factors such as evidence quality, negotiation hurdles, pre-existing conditions, and local laws all impact the timeline.
Myth 2: “Only deaths from traffic accidents qualify as wrongful death examples”
Wrongful death examples aren’t limited to traffic accidents. They can also include:
• Traffic accidents
• Workplace accidents
• Medical malpractice
• Defective product incidents
• Claims related to toxic exposures
Myth 3: “Victims of a wrongful death lawsuit cannot receive compensation if they were taking medications”
Taking medications isn’t a barrier to filing a case—provided it’s shown that the medication was used correctly. If misuse isn’t the cause of death, the wrongful death lawsuit remains valid.
Myth 4: “If the deceased didn’t have life insurance, there’s no case”
The absence of life insurance does not bar a wrongful death lawsuit. Even without a policy, survivors can seek compensation based on the defendant’s liability rather than the insurance status.
Myth 5: “Are wrongful death settlements taxable?”
Despite common misconceptions, the IRS generally does not tax these settlements, so beneficiaries typically receive the full amount without deductions.
Myth 6: “You don’t need an attorney in Orlando if you already have evidence”
While evidence is crucial, retaining an attorney in Orlando is essential. An experienced orlando wrongful death lawyer will provide the legal guidance necessary to maximize your compensation—even when the facts seem clear-cut.
Myth 7: “Lawsuits in Florida are only for wealthy individuals”
Wrongful death lawsuit florida cases are accessible to everyone. An orlando wrongful death attorney often works on a contingency fee basis, meaning you pay nothing unless you win, making justice attainable regardless of your financial situation.
Myth 8: “You can sue anyone in a wrongful death lawsuit”
In a wrongful death lawsuit, claims must be filed against those directly responsible—such as the treating physician or the hospital in cases of surgical errors. It is the attorney’s responsibility to determine the proper parties to name based on all available evidence, including medical reports and treatment records.
Myth 9: “You cannot file a lawsuit if the deceased was elderly”
The age of the deceased is irrelevant. If negligence is evident, a wrongful death lawsuit can be filed regardless of the victim’s age—even if they had an illness or were on medication, as long as these factors did not cause the death.
Myth 10: “Wrongful death lawsuit cases only involve large sums of money”
An orlando wrongful death attorney does more than pursue high-dollar settlements; their primary goal is to secure justice for the affected families. As a result, wrongful death lawsuit claims don’t always end in multi-million dollar awards.
Myth 11: “Only direct family members can file a wrongful death lawsuit”
In reality, several parties can file such a lawsuit, including:
• The spouse
• The children of the deceased
• The parents of the deceased
• Dependent blood relatives
• Dependent adoptive siblings
• A child born out of wedlock to a mother
• A child born out of wedlock to a father, if he assumed financial responsibility before the death
Typically, however, the most common plaintiffs are the spouse, children, and parents.
Myth 12: “Wrongful death lawsuit claims are always settled out of court”
While many cases do settle, that isn’t always the case. If the parties cannot agree, the case will go to trial. Although settlements might be quicker, in some situations, proceeding to trial is the best way to achieve justice.
Myth 13: “A wrongful death lawsuit florida attorney gets paid even if you lose the case”
This myth is untrue. In a wrongful death lawsuit florida, attorneys usually work on a contingency fee basis, meaning they only get paid if they win. However, there might be associated costs, such as court fees, that the plaintiff may need to cover.
Myth 14: “You cannot file a wrongful death lawsuit if the deceased had a pre-existing condition”
A pre-existing condition can complicate a case but doesn’t bar a lawsuit. Wrongful death examples, such as the case involving actor Bill Paxton, show that a pre-existing condition does not excuse medical negligence or malpractice.
Myth 15: “It’s too late to file a wrongful death lawsuit if the incident occurred over a year ago”
In Florida, family members typically have up to two years to file a lawsuit, as set by the 2023 Florida Civil Liability Reform Act. Once this period expires, no compensation can be claimed, regardless of the damages. Acting promptly is crucial to avoid missing the statute of limitations.
Conclusion
By debunking these 15 myths, you now have a clearer understanding of how a wrongful death lawsuit operates. At Louis Berk Law, our experienced attorneys specialize in these cases and offer free consultations. Don’t let misinformation hold you back.
Contact us today to receive the legal guidance you need!