Losing a family member is a painful tragedy to experience. However, when the loss of life occurs due to another party’s negligence, the surviving family could be entitled to compensation through a wrongful death lawsuit.
What Should You Know About a Wrongful Death Lawsuit?
If you find yourself in a situation where you lose your loved one because of someone else’s negligence, you could be entitled to compensation through a wrongful death civil suit.
Read on to learn more about when you should sue, how to sue, and what a compassionate, wrongful death lawyer can do to help.
1. What Is a Wrongful Death Lawsuit?
Wrongful death claims can be filed against a company or individual for causing the death of an individual or family member as a result of negligence. Negligence is the act of doing something a company or person of sound mind would not have done under a similar circumstance. It can also be a failure to do something a company or person of sound mind would or should have done.
2. Who Is Eligible to File the Lawsuit?
People who can file for a wrongful death lawsuit are people who have been financially impacted by the death of an individual. This can include the next of kin, the parents, spouses, and children. If you are a minor, you require a legally recognized guardian to manage the proceedings of the lawsuit. In some states, grandparents, stepparents, and dependents may be eligible to file the claim.
3. Statute of Limitations When Filing a Wrongful Death Lawsuit
Statutes of limitations are a time limit to which the lawsuit needs to be initiated. The time limit can vary by state. Most states vary between one to three years, but it is not definite. Consult a reputable personal injury lawyer if you’re unsure about the statute of limitations in regard to your situation.
4. What Damages Are You Able to Recover from the Lawsuit?
Your personal injury lawyer can advise further on how the law in your state applies to the particular cause, what types of damages can be recovered, and the best strategies to undertake.
There are two main types of damages to seek, economic and non-economic. Economic damages are designed to compensate victims for tangible losses such as medical bills, funeral costs, and loss of future income.
Non-economic damages are designed to compensate victims for the intangible loss experienced, such as loss of consortium, emotional anguish, and loss of society.
5. What to Look For in an Attorney
Wrongful death claims are complex and require a proper understanding of tort law. A compassionate wrongful death lawyer can help see your family through the process so you can focus on returning to life and coping with the grief associated with your loss.
When in search of a lawyer, it is advisable to look into a qualified attorney who specializes in wrongful death claims to ensure proper litigation of the claim and recover your compensation.
A few factors to consider are whether they have the resources required to litigate your claim. This includes an attorney who has substantial experience in successfully litigating such cases. An attorney who dedicates a major part of their practice to such cases while giving you the individual attention you’ll need.
Find justice for your beloved family member when you hold the liable parties accountable for their negligent actions. Many wrongful death lawyers work on contingency fee basis. This means they don’t get paid until you, so there is no financial risk to their clients. Make the call today for a consultation.