Losing a person you love to an accident, medical negligence, etc., is by far the most devastating time you may come across in your life.
Death caused by another individual is called ‘wrongful death.’ The person or party that caused wrongful death may resume their lives like before. But you, the person who has lost a loved one, would be feeling angry, sad, shattered, and also confused. Fortunately, there are ways to seek justice for the wrongful death of a family member.
What is Wrongful Death, Exactly?
Before we understand wrongful death claims and seek justice, it’s essential to have an even more precise understanding of what wrongful death truly is.
Wrongful death refers to an individual’s death caused by another individual or entity’s fault.
Wrongful deaths may happen when a drunk driver crashes into a car filled with passengers, equipment malfunctions within a construction area, a doctor fails to diagnose a life-endangering illness, etc.
Form of Struggle
Your struggle could take multiple forms, which could be emotional, financial, and personal. As you and your family start working through grief, you would soon start looking for alternatives to discover closure and some level of justice. Filing a lawsuit for a wrongful death claim is one way of handling things.
Filing a Wrongful Death Claim
Based on the state you live in, different people could file a lawsuit. A minor, for instance, can file a claim, provided they have lived with the deceased person for at least 180 days before wrongful death.
Also, if the decedent had provided some form of support to a person, then that individual can file the claim. A spouse, children, domestic partner, etc., falls under this category.
If you file a claim, you could be awarded the damages relating to:
- Medical and hospital bills;
- Funeral expenses;
- Loss of a partner’s future and current income; and
- Household services or child care expenses.
A wrongful death lawyer can ensure that you and your family are awarded the compensation you and your family deserve.
Although it’s difficult to attach a monetary value to the companionship you no longer have after the death of a loved one, wrongful death claims could include compensation for the loss and the suffering your family and you endured due to your loved one’s absence.
Seeking Legal Assistance
If you have decided to file a claim for wrongful death, you must get in touch with a lawyer as soon as possible. Making good use of the time on hand is critical.
Every state has its own “statute of limitations” on wrongful death lawsuits. If you miss the deadline, you will let go of the opportunity to seek the compensation that’s rightly yours.
Get in touch with someone who understands wrongful death cases and has had prior experience handling them.
Be ready to share your feelings, thoughts, and information relating to the deceased person. It may trigger several challenging emotions and rekindle the pain associated with the dead person’s departure. Unfortunately, there’s no escaping this.
Moreover, legal matters such as starting a probate estate could seem overwhelming, mainly when only a few days have passed since death. Not to mention, a lawyer’s presence would be invaluable during this period.
