You never know when someone close will die. Losing a loved one in a wrongful death accident might feel as if the person was stolen. You think about all the good times, but you get angry over the time you won’t get with them.
If you feel as though your relative’s life ended because of someone else, you might be able to sue. A trained wrongful death attorney can help families overcome this hurdle.
Meeting with a wrongful death attorney could help you determine if you could file a personal injury claim.
Before scheduling a consultation, read over the tips below to learn essential information about a wrongful death lawsuit.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a claim filed against a defendant who is at-fault for the death of another person through negligence or reckless actions, according to Attorneys by attorneys.
A wrongful death attorney could develop a dominant defense to seek justice for the deceased and recover damages for the survivors of the deceased.
- What Is the Statute of Limitations?
The initial claim must get submitted before the end of the statute of limitations to begin a wrongful death lawsuit. The statute of limitations is the allotted time for legal action to happen. Once the time ends, a claim might get dismissed by the court.
The length of the statute depends on the state. Tennessee’s wrongful death statute lasts one year, but in New York, the law lasts two years. So it’s essential to act fast to beat the clock.
- Only Certain People Can File a Claim
Every state has its own set of laws about who can file a wrongful death claim. It’s beneficial to speak with your wrongful death lawyer because they could clear up any concerns or questions.
In most instances, the spouse, children, or parents of the deceased may begin a wrongful death lawsuit. But if the person died with a will, there might be an estate representative who could file on behalf of all the beneficiaries.
- Common Causes
A wrongful death may happen to anyone. Common causes of wrongful death include medical mistakes during childbirth, car accidents, workplace accidents, assault, and slip and falls.
Not all accidental deaths can become a wrongful death lawsuit. An attorney could be able to determine whether a claim should get opened, such as a lawsuit against a hospital. A seasoned lawyer might save you the aggravation of a frivolous case.
- What Damages Can Be Recovered?
When someone dies, they might leave behind a dependant, such as a spouse, children, or parent. Relatives could be left with mounting medical bills, loss of income, cost of funeral arrangements, or pain and suffering.
Discussing your legal options with an attorney might be helpful. The lawyer could tell you if there is a cap on the amount of a settlement for wrongful death in your state.
- Persuasive Evidence Is Essential
When suing for wrongful death damages, the evidence must be compelling. A dedicated lawyer could gather police reports, eyewitness accounts, converse with insurance company representatives, and more to devise a winning strategy.
After the evidence gets compiled negotiations could occur. If negotiations or mediation aren’t successful the case might move to a trial.
Consult an Attorney
If you lost a loved one due to someone else’s negligence you might be able to pursue a wrongful death lawsuit. Hiring an attorney could help you through the steps of the legal process and recover compensation. But first, you must discuss your options.
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