Dealing with bereavement of a loved is one painful experience and it’s even more anguishing if the loss is as a result of another party’s negligence or ill doing. In these situations, having a wrongful death attorney representation is often the best move for the family. Not only will you find closure and justice through this legal backing, but also receive financial compensation. A wrongful death claim allows representative on behalf of the deceased’s family to file a lawsuit against the party at fault.
Wrongful death claims stem from different situations such as surgery and medical malpractice, reckless driving, careless or ignorance act among others. Whatever the cause of death, if it’s determined that the death could be avoided, you have a viable claim. Research shows that there are about 6 million car accidents and 3 million injuries in the United States every year. While some victims may survive with either minor or severe injuries, those who die require justice, which is only possible with the assistance of a wrongful death attorney.
When looking to hire a lawyer, ensure they are experienced with this kind of case by asking the right questions. What are some of their achievements and success stories in similar cases? What strategies are they going to use to guarantee you justice and maximum benefits? Since wrongful death cases are often complex and involves rigorous court processes, attorney’s experience is an indispensable requirement. However, filing a wrongful death claim varies with state. The more close you are to the deceased is what will determine if your case is valid or not. In almost every state, spouses are allowed to collect wrongful damages on behalf of each other. Other states allow parents of minors to seek wrongful death legal action on behalf of their children. Over the years this matter has attracted mixed reactions as to how related one must be with the deceased to have a viable claim. But provided your wrongful death lawyer can prove that you depending on the deceased for financial support, whether related or not, then you stand a chance of receiving damages.
While there is no particular amount that can ever be equated to the life of a person, a wrongful death attorney seeks to help family and survivors find closure and financial security after the death of their loved one. So you should note that there are two types of wrongful death damages when filing this claim, noneconomic and economic. Economic benefits are monetary compensations awarded due to lost earnings, loss of money or other expenses such as medical and funeral costs. Non-economic damages, on the other hand, are benefits given to cover other non-monetary related losses and injuries like pain, suffering, loss of care, loss of love and companionship and more.
Wrongful death damages are not entitled to family members only, but also any bystander present at the time of death. In limited circumstances, you can seek compensation for the emotional and psychological stress caused by the death of your loved one. This is common, especially for children, siblings and parents who witnessed the loss of their loved one. However, executing this claim requires the expertise of a skilled wrongful death attorney who’s able to define your exact claims. In some situations, you can be eligible for to receive double damages.
In conclusion, depending on the state, there is usually a timeline when you can file for wrongful death claims. Some states will limit the duration to two years while others expect you to make not exceed five years from the date of the act. Should you find yourself in such as position, it’s important you seek legal counsel from a personal injury attorney as soon as possible to avoid losing your privilege to financial settlements.