A Quick Guide To Wrongful Death Claims
Dealing with the death of a loved one is a difficult time in everyone’s life. It is even harder when the death was caused by someone else’s negligence or recklessness. Wrongful death claims occur when a person dies due to the legal fault of another person, and the surviving family members may file a lawsuit against the at-fault person. We will give you a quick guide to wrongful death claims, from the meaning of wrongful death to the legal process of filing such a lawsuit.
Definition Of Wrongful Death
A wrongful death occurs when a person dies due to the legal fault of another person. The death can be caused by a car accident, medical malpractice, or any other type of incident where someone is at fault. The surviving family members, including the surviving spouse, children, and parents, may file a lawsuit against the at-fault person, seeking compensation for the loss of financial support and emotional support.
Legal Process Of Filing A Wrongful Death Lawsuit
The legal process of filing a wrongful death lawsuit varies from state to state, but some basics remain the same across the country. First, the surviving family members must hire a wrongful death lawyer who can help them navigate the legal system. The lawyer will gather evidence, such as medical records, police reports, and eyewitness accounts, to build a strong case. Then, the lawyer will file a lawsuit against the at-fault person, claiming damages, such as medical bills, funeral expenses, lost wages, and burial expenses.
Damages That May Be Claimed In A Wrongful Death Lawsuit
The surviving family members may claim damages in a wrongful death lawsuit, including medical expenses, lost wages, and burial expenses. If the deceased person was the main breadwinner or financial supporter of the family, the surviving family members may also claim compensation for the loss of financial support. In some cases, punitive damages may also be claimed, which are damages awarded to the surviving family members as a punishment for the at-fault person’s reckless or negligent behavior.
Statute Of Limitations For Filing A Wrongful Death Lawsuit
Every state has a different statute of limitations for filing a wrongful death lawsuit, which is the time limit within which the claim must be filed from the date the person’s death occurred. It is important to consult with an experienced attorney as soon as possible to ensure that the claim is filed in a timely manner. Failing to file a claim within the statute of limitations could result in the claim being dismissed by the court.
Losing a loved one due to wrongful death is difficult, but justice can be served through the legal process of filing a wrongful death lawsuit. While the legal process may seem daunting, hiring a wrongful death lawyer can help guide families through the process and ensure that they receive the compensation they deserve. The surviving family members may claim damages, such as medical and funeral expenses, lost wages, and burial expenses, and in some cases, punitive damages. By understanding the legal process of filing a wrongful death lawsuit and seeking the help of an experienced lawyer, the surviving family members can get the justice and closure they need during this difficult time. If you’re in need of legal assistance with a wrongful death claim, contact the professionals at Overholt Law today.