If you lost a loved one at the hands of someone else or due to another person or organization’s negligence, then you deserve to receive compensation. Unfortunately, there are a few different myths that stop people from filing a claim. Here are a few of the biggest myths.
Wrongful Death Is Taxable
Sometimes, people will avoid a lawsuit because they are worried about taxes. The truth is, you should not be worrying about that at all. Most compensatory damages are not taxable. If you are dealing with punitive damages or lost income, these damages may be subject to taxes, but the tax rate compared to your award should not stop you from seeking compensation.
Wrongful Death Follows Criminal Charges
There is a major misconception regarding criminal law and wrongful death. Wrongful death is a civil lawsuit — this means that there does not have to be criminal charges filed. Of course, there are famous cases where a person is held criminally responsible as well. When it comes to negligence that results in death, it is not always criminal. Negligence can be difficult to prove in criminal court. Civil court, on the other hand, needs less of a burden of proof. It takes less evidence and there are fewer requirements to find someone guilty in civil court than to find them guilty in criminal court.
Wrongful Death Does Not Require a Lawyer
No matter your legal case, you should always consider having a lawyer as your representation. Those who choose to file a claim but do not obtain a lawyer may be in over their heads. When you do not have a lawyer, you may not have the experience necessary to know when to file or what fees and paperwork you need to complete and what the deadlines are. In addition, you may not have the experience necessary to create a solid argument. Knowing that your family deserves compensation for the loss of a loved one is not going to be good enough. Even if you don’t understand how someone could rule in favor of the other person, it helps to have a lawyer at your side.
When it comes to any lawsuit, it is important that you do not buy into the misconceptions. To learn more about the truth behind wrongful death claims, you may want to seek the counsel of a wrongful death lawyer. To find out more about your case and wrongful death claims, set up a consultation with a wrongful death lawyer, like a wrongful death lawyer in Des Moines, IA, as soon as possible.
Thanks to Johnston and Martineau, LLP for their insight into debunking some of the most common myths about wrongful death claims.