What Is A Wrongful Death Claim?
Many accidents are, in the grand scheme of things, inconvenient but easy to recover from. Yet, there are some accidents that change your life forever because it takes away someone you know and love. Recovering from the heartbreak is a job of its own as a wrongful death lawyer can attest. However, someone who dies as a result of an accident, assault, or battery can result in what is known as a wrongful death claim. Money can’t replace the person you lost, but compensation can make recovery easier.
In this blog post, you’ll learn:
- What a wrongful death claim is
- Who is allowed to file a wrongful death claim
- How long you have to file a wrongful death claim
Our hearts go out to people victimized by wrongful death. We hope that with time, you’ll be able to find a measure of peace.
Let’s start.
What Is A Wrongful Death?
According to Cornell Law School’s Legal Information Institute, a wrongful death is a civil act brought by family or dependents against someone who knowingly or negligently caused the death of another person.
Wrongful death compensation includes, and may not be limited to:
- Loss of financial report
- Pain and suffering
- Previously expected future income
- Punitive damages
Who Can File A Wrongful Death Claim?
The person or persons who can file a wrongful death claim may vary state by state as our friends at Herschensohn Law Firm, PLLC can share. Some of the most common individuals allowed to file a wrongful death claim includes, and may not be limited to:
- The surviving spouse
- Children of the deceased
- Parents of the deceased if the victim was a minor child
- Domestic partner
- Civil Union partner
- Personal representative of the estate
How Long Do You Have To File Your Wrongful Death Claim?
It’s vital to file a wrongful death claim as soon as you can. There are several reasons that make this a prudent idea. One of the main reasons is that there is a legal deadline. In most states, you only have two years from the date of the accident or death to file a claim. There are some exceptions to this rule. For example, if the decedent had minor children, the minor children may be able to file a claim when they reach the age of majority.
However, each case is unique and each state has different laws. It is best to contact a legal expert in order to understand the facets of your situation. An attorney will review any documents you have and pertinent case information, and then they can give you a consultation as to the best legal route to take. A lawyer will be by your side at every step of this process so that you understand what is happening as well as all the options available to you. An attorney understands that you just lost a loved one and you have your own grief to deal with — let them take the stress of a legal case off of you with experienced representation. Contact a lawyer for help.