When someone dies as a direct result of a person’s negligence or an intentional act, the family of the deceased may have the right to pursue a wrongful death claim. Knowing the essentials about filing a wrongful death claim is important for the loved ones of a deceased victim. With this information, families will learn more about their rights, what they can expect, and why they should consider hiring a lawyer.
What Is a Wrongful Death?
When a person dies because of the negligence or misconduct of another person, this is called a wrongful death. If a person dies because of negligence, the deceased’s family may have the right to file a lawsuit. Getting help from Millar Law Firm allows families the legal assistance they need to file their lawsuit and work towards a fair settlement.
5 Things Families Should Know About Wrongful Death Claims
The death of a loved one is extremely difficult to go through. The process of grieving becomes even more arduous when the death was caused by negligence. The following are five important things families should know before they file a wrongful death lawsuit.
1. Not every death is a wrongful one. It is important for families to remember that if the victim had lived and had the right to file a personal injury claim, then the family likely has a right to pursue a wrongful death claim.
2. Only a personal representative of the deceased can file the claim. In most states, spouses, children, and parents can file a claim, depending on the circumstances. A personal representative of the deceased’s estate can also file a wrongful death claim.
3. The damages that can be recovered vary among states. Some states allow families to recover lost wages, lost earning potential, and many other damages. Some states only allow families to pursue punitive damages which are meant to punish the one who caused the death.
4. There is a statute of limitations. Families need to know the statute of limitations because it limits them on the time they have to file a wrongful death lawsuit. Waiting too long would result in the case being thrown out of court.
5. Hiring a wrongful death lawyer is essential. The family needs legal representation to protect their rights and best interests as they pursue fair compensation for the negligent loss of their loved one. Also visit www.harrellandharrell.com
How to Get Started
To get started, individuals need to first schedule a consultation appointment so they can learn more about their rights and legal options. Many wrongful death lawyers offer free consultation appointments for wrongful death claims. These lawyers also often offer contingency arrangements which means the family does not pay unless they win their case.
If the lawyer is hired, they will begin the process by investigating the death. They will work to gather the extensive evidence that is necessary for proving liability and winning compensation.
The lawyer will first pursue the insurance company if one is involved in the case. If negotiations fail, the lawyer will pursue a case in court. The goal of the lawyer will be to seek the method that will end with the highest level of compensation for the deceased’s estate.
Get Legal Help Today
The process of pursuing a wrongful death claim is not easy for families. Getting legal help makes the process more bearable. While pursuing compensation does not bring back a loved one, it does help take away some of the burden of the death.
