The passing of a loved one is disheartening and difficult to deal with. Especially, if it is the result of the actions of some other person. In any case, the loss is unexpected and you may have a number of queries and concerns regarding the death of the loved one.
Fortunately, you can file a civil lawsuit and demand compensation from the party that is responsible for the wrongful death. This is known as a wrongful death claim. We agree that nothing can compensate for the death of your loved one. However, having the right set of knowledge will enable you to have a wrongful death settlement. In this post, we have provided you with all the necessary information that you need to know before filing a personal injury claim.
What is a wrongful death claim?
This is a civil lawsuit that is filed by the personal representative of the decedent. It asks for monetary compensation from the party that is at fault. For example,
- If a person or a party kills the other person intentionally, this claim can apply. In such a case, the defendant has to face charges in the criminal case.
- If a person dies due to the misdiagnosis done by the doctor or other health practitioners from the healthcare system.
- If a driver is driving recklessly, intoxicated or disobeyed the traffic laws which resulted in death due to an automobile accident.
Who can file a claim?
A wrongful death claim can be done by the victim’s family, including the children, spouse, parents, and all others who are dependents of the deceased. You can ask for the recovery of the lost services from the date of the accident. Also, you can seek the value of lost support for the future, wages, parental instruction, loss of earnings, estate, medical expenses, guidance, pain and suffering.
Importance of legal help
No matter what your circumstances are, an attorney can help you through the legal process.
As mentioned here, https://www.belsky-weinberg-horowitz.com/practice-areas/medical-malpractice/ it is suggested that it is important to review all the circumstances before you file a case. This helps the lawyer to take the necessary steps while handling the case. Also, there are certain deadlines for filing the death lawsuit, therefore it is very important to contact a lawyer.
Time Limits for a Wrongful Death Lawsuit
There is a time limit on filing a personal injury claim for wrongful death. After the death of your loved one, you generally have two to three years of time to file the lawsuit in court. For minor children, the time limit starts counting down after they reach the age of 18. As mentioned above, it is important to seek guidance from an attorney, as they know how long you have based on the situation of your case. We suggest you file a case at the right time. If you do not do so your case will get dismissed without any review.
Now you have a complete idea about how to file a case for wrongful death. Always remember, that you discuss your case with an experienced attorney and get all the guidance regarding the legal options for collecting compensation.
