Losing a family member due to another party’s fault is a painful thing. Besides suffering financial strain, the grieving family always wonders if they will ever get justice.
While the law may clearly state that these families must be compensated, going through the legal process can be overwhelming. Here is how to file a wrongful death claim the right way.
What Is A Wrongful Death Claim?
A wrongful death results from someone else’s misconduct or intentions. These can be medical negligence, accidents, defective products, or criminal acts.
To seek compensation, a grieving family can file a claim to prove the death. The claim offers financial and emotional support that the family would receive if the death had not occurred.
Filing cases regarding an accident resulting in death and mourning the loved one can be burdensome to grieving families.
Most families rely on wrongful death lawyers when seeking justice. This is why working with experienced attorneys is important.
Fortunately, several death attorneys are readily available to help such families receive compensation for their losses.
The lawyer works closely with grieving families, relieving them of the stress of frequent court appearances. If in Orange County, look for Aitken Aitken Cohn, see our services to learn more.
Who Can File The Wrongful Death Claim?
Filing the lawsuit depends on the person’s relationship with the deceased.
The law mostly demands that the close family members of the deceased report and file the wrongful death claim.
The amount they receive as compensation varies based on state law and the deceased’s financial status and projected future income.
If immediate family members cannot file the claim, the extended family can claim compensation for the loss.
Most states allow legal representatives, such as administrators of deceased properties, to file lawsuits on behalf of the family.
People with disabilities who rely on the deceased financially can also file a claim. However, they must prove their economic dependence and the financial loss they have suffered due to the death.
How To File A Wrongful Death Claim?
Once you understand the lawsuit and how it works, you can start the process.
The process can be straightforward or complex, depending on the cause of death. However, here is a general overview of what it looks like:
1. Understand The Statute’s Limitations
Every country has its legal timeframe for filing a wrongful death suit. Most states have a limit of one to three years after the death.
Understanding this limit enables you to file the claim within the required deadline to avoid losing your right to compensation.
2. Hire A Reliable Attorney
An experienced attorney will help you prove the case and protect your rights as a claimant. They will also allow healing and coping with the emotional and financial impact of the death.
3. Gather Relevant Evidence
The attorney can help you collect relevant evidence for the claim, including a death certificate. You should also have eyewitnesses to picture the fateful events accurately.
You also need expert witnesses, such as medical practitioners, to clarify finer details beyond common eyewitnesses. This will help you substantiate the claim and pass all legal procedures.
4. File The Wrongful Death Suit
Once you have collected relevant evidence, your wrongful death lawyer can issue a statement of claim. The document outlines all the details, including the damages and accusations directed at the defendant.
The defendant is expected to respond to allegations against them with a statement of defense. Each side can interrogate the other through their lawyers and exchange evidence.
5. Reach Settlement Negotiations
Once both parties have completed the discovery and agree on the evidence, they can negotiate a settlement.
The negotiations phase addresses the economic and emotional damages, such as medical expenses, lost wages, and the family’s suffering.
The case will then reach a fair compensation agreement, providing financial and emotional support to the family.
What Documents Do You Need For The Claim?
The right documents can ensure that your compensation claim for the wrongful death is justified. They provide the evidence and support for your claim.
So, you need to prepare the important documents prior to making the claim. For instance, you need to provide a death certificate, medical records and bills, and the report of the incident.
These documents help in establishing the context of the case and help your attorney evaluate the compensation claim. So, ensure you provide all the detailed documents.
Moreover, you need to show proof of your relationship with the deceased person. If you are a family member, you need to provide sufficient proof of your legal standing.
Additionally, you need to provide insurance documents, like life insurance of the deceased and financial records that highlight your loss. This way, your attorney will be able to draft a strong case and evaluate fair compensation.
Why Timeline Of Death Matters? Statute Of Limitations
With every different state, the timeline of wrongful death differs. So, it is important to file the case within the specified timeline of your state.
Moreover, the statute of limitations for wrongful death claims ensures that no fraud claims are made against the government.
So, it is very important to maintain this timeline when you are filing a lawsuit. Also, you can take the assistance and guidance from your legal professional about the deadline for your state.
With their expertise and experience, they can help you understand the legal limitations of your state and take proper measures accordingly. This way, you get to file your case within the deadline.
Your Legal Guide: Claiming Wrongful Death Compensation
Claiming wrongful death compensation is a demanding task. So, you need to have the proper guidance and legal help to go through the complexities.
Before starting the process, you must understand how to file a wrongful death claim and what relevant evidence you need.
And, in this legal journey, your lawyer can help you to get fair compensation for the wrongful death of your loved one.
So, work with an experienced wrongful death lawyer to counter legal challenges and get maximum compensation.
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