Are you suffering the loss of a loved one to a preventable accident? Did they pass away due to the negligence of another person while they were doing their job? Do you think you have a valid wrongful death claim?
If you answered yes to more than one of the questions above, you need to file a claim with the court as soon as possible.
Doing so takes time, and many rules help you get what you deserve. Read below to learn everything you need to know about how to file wrongful death claims.
What You Need to Prove in a Wrongful Death Claim
To win a wrongful death claim, you must be able to prove that the death was caused by someone else’s negligence. This can be difficult to do, as it requires proving that the death would not have occurred if it weren’t for the other person’s actions.
You will also need to show that the death has caused you financial harm and that you are the surviving spouse or child of the deceased. If you can prove all of these things, then you may be able to win a wrongful death claim.
Who Can File Wrongful Death Claims?
The surviving spouse, children, and parents of the deceased can file a wrongful death claim. If there are no surviving relatives, then a personal representative of the estate can file the claim which will be appointed by the court.
In this case, it is important to seek legal advice. Discover more on how legal representatives can help you with your trial.
The Process of Filing Wrongful Death Claims
The first step in filing a wrongful death claim is to contact an experienced lawyer. The lawyer will help the survivors gather the necessary documentation and evidence to support their claim. They will also file the claim with the appropriate court and handle all of the legal proceedings.
The court will then hold a hearing to determine whether or not the death was caused by the negligence of the other party. If the court finds that the death was caused by negligence, they will award damages to the survivors.
The amount of compensation will depend on several factors. These can include the age of the deceased, the relationship between the deceased and the survivors, and the financial impact of the death.
Time Limits for Filing Wrongful Death Claims
In most states, the wrongful death claim filing deadline is two years from the date of death. However, there are some exceptions to this rule.
For example, if the death was caused by malicious intent or negligence, the time limit may be extended. If the death was caused by a defective product, the time limit may be as short as six months. It is important to consult with an experienced wrongful death attorney to determine the applicable time limit in your case.
Always Know Your Rights and Options
If your loved one has passed away and you believe it was due to someone else’s negligence, you may be able to file a wrongful death claim. Although the claim filing process can be daunting, it is important to know your rights and options.
Experienced attorneys can guide you through the process. They can help you file wrongful death claims and get the compensation you deserve.
Did you find this article about wrongful death claims useful? If so, you may want to check out our other articles for more legal information.