Hiring a wrongful death attorney is one of the essential steps to finding closure when someone close to you dies from personal injuries either through an accident, malpractice or criminal action. If you lose a loved one through someone else’s negligence, you can file for a wrongful death claim. Note that the legalities in wrongful death can be confusing as rules differ from one state to the other. Therefore, you need to engage the right lawyer for your wrongful death claims, and this article contains some tips to help you find the right one.
How a wrongful death lawyer sees death
When a wrongful act causes the death of a plaintiff, tort law gives the descendant’s heir the right to demand compensation. Wrongful death statutes were created to show more excellent care in preventing injuries and fatalities. The law was specially drafted to help take financial care of the surviving widows and children.
A wrongful death action can be categorized as a civil action and is different from a criminal activity that caused a personal injury. It suffices to say that you can sue a person charged but not directly indicted for murder in the case of wrongful death.
Possible causes of wrongful death claims
Some of the common wrongful death claims that may necessitate engaging the services of an unlawful death lawyer include boating accidents, auto mishaps, poisoning, product defects, falls, medical malpractice, and so on.
How to determine negligence
The first step to determining negligence is to have a word with a wrongful death attorney, especially if you believe you deserve it. However, you have to show that there exists a burden of proof indicating that the other party breached their duty. This has to happen before you can show the act was intentional.
Who is eligible for a wrongful death claim?
Although a spouse, relative, parent, children or dependent relatives may file for a wrongful death claim, the person who will file the claim is usually the representative of the decedent’s estate. But if the descendant dies without leaving behind a will, the person expected to file for the claim is usually a surviving spouse.
Damages covered by wrongful death lawsuits
Survivors could recover the damage that equates to the lost financial support. Usually, the court will determine how much should be paid based on the relationship between each survivor and the deceased. Some of the special damages payable include lost wages, medical costs, funeral costs, suffering and pain, and loss of consortium.
You must file within two years
You need to hire a wrongful death lawyer quickly and schedule a free consultation to see how best to proceed. The earlier you file, the better it is for you because the statute of limitation typically expires on the wrongful death claim after two years. Although this may sound like a long time, it is pretty short considering the processes involved in getting your dues. Failure to file within two years means you cannot sue for monetary damages for yourself.
Take action now!
While you are not compelled to hire a wrongful death claim lawyer, engaging the services can significantly influence the outcome of your lawsuit. Remember the processes involved and how the lawyer comes in, and don’t forget that time is of the essence.
