Top 4 Things You Need to Identify about Wrongful Death Claims

Wrongful death is when someone acts in a wrongful manner, which results in the death of another person. In such a scenario, the specific surviving family of the victim might file a wrongful death lawsuit against the person responsible for the death. 

The objective of the wrongful death claim is also identical to the personal injury claims. You can receive monetary damage awards or compensation for your losses when you file a wrongful death lawsuit. However, the situation is worse than being said. Filing a lawsuit for wrongful death is a complicated process, and you cannot venture into this journey on your own unless you have proper knowledge of the laws. Therefore, you need to hire an attorney who will help you seek compensation and guide you properly. Here are the top 4 things you should know about wrongful death claims. 

Every Death is Not Wrongful 

A wrongful death occurs when someone is dead due to someone else’s wrongful act. The other party showcases negligence or omission so that if the victim had survived, they could have filed a personal injury lawsuit against the specific party. 

Here are some common causes to file wrongful death lawsuits:

• Truck accidents 
• Car accidents 
• Medical malpractice 
• Motorcycle accidents 
• Defective products 
• Crimes 

But aside from these causes to file wrongful death lawsuits, these essential elements should be complied with:

• The death of a particular person
• The death was due to someone else’s negligence, with an intent to cause harm
• The survival of the family members who sustained monetary losses because of their loved one’s death.  

By establishing these elements, you can successfully bring a wrongful death lawsuit against the alleged at-fault party/parties.  

Only the Representative Person Can File Wrongful Death Claim 

Remember that the laws regarding wrongful death claims are different at different rates. Only the representative personal estate has the legal right to file a wrongful death claim. However, there is an exception. If the victim is below 19 years old, the parents will have six month period to file the wrongful death lawsuit. After that specific period, the representative personal should file the claim. 

The family will have 40 days from the time of death to go to court and become the victim’s representative. After that time, the court will pick someone else as the administrator. If the court asks to provide wrongful death awards, the compensation will be distributed to their heirs. As per Checkmark, there are different types of compensation.

You Need to Hire Wrongful Death Lawyer 

The wrongful death lawsuits are incredibly complicated. Not only are the laws something that you cannot interpret easily, but you cannot focus while grieving about the loved one you lost. Therefore, you need to hire an experienced wrongful death lawyer who will discuss the statute of limitations for wrongful death. They will handle all the legal aspects while you spend time with your family and friends and recover from the mental pain. 

More importantly, a dedicated wrongful death lawyer can help you get the compensation your family deserves following the death of your loved one. For example, they can assist in recovering damages after a truck accident if your loved one has wrongfully died by gathering evidence to strengthen your case. They can use expert testimony to determine and establish the value of the person who died to your family to recover fair compensation.   

However, make sure you choose the best lawyer. Otherwise, you might face problems seeking justice and compensation. Hence, verify your prospective lawyer’s experience and reputation in handling wrongful death cases. Know how long they’ve been in the legal profession and how many cases they’ve won extrajudicially and judicially. Read some online reviews to know what their previous clients had to say about them and their legal services.  

Also, you can schedule a consultation meeting with your prospect to know if they suit your situation. Ask questions about their work and assess whether you’re comfortable talking to them. This way, you can ensure you get the proper legal assistance you and your family need.  

You Can Recover Only Punitive Damages 

While some states have rules that allow the family members of the victim to recover the lost inheritance, lost income, or other damages are that directly related to the death, there are some statute limitations regarding wrongful death that will only allow you to recover the punitive damages caused by the death of the victim. 

Conclusion 

These are the top 4 things you need to know about wrongful death claims. It doesn’t matter how much compensation you receive or what punishment the attackers face; it won’t bring back your loved one. When you contact a wrongful death lawyer, they will handle the legal issues while taking some time for yourself.