The unexpected passing away of a family member leaves your heart filled with sorrow. Crying eases your sense of loss at the time, but the negative emotions will no doubt reappear. Try as you might to cope with the grief, you don’t see any light at the end of the tunnel. It’s a difficult time, to say the least. Surviving family members can bring a lawsuit for wrongful death and demand compensation for expenses incurred as the result of the loved one’s death, loss of guidance, care, and companionship, not to mention the loss of income. In this article, we’ll outline the most important things to know about wrongful death.
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What is wrongful death?
Wrongful death can be defined as the situation when someone dies as a result of someone’s neglectful behavior. Careless driving is just one example. If an individual doesn’t drive with reasonable attention, they risk causing bodily harm and even death to any person. Common causes of wrongful death include but aren’t limited to medical malpractice, occupational hazards, birth injuries, and product defects. Wrongful death represents the basis for a lawsuit against the party/parties that caused the death. There may be criminal prosecution related to the fatality. However, a wrongful death lawsuit is a civil action.
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Not everyone is eligible to file a wrongful death claim
Since the dead person can’t bring a lawsuit, it’s up to the relatives to bring in a civil action. The next of kin to the deceased, which includes parents, spouses, and children, have the right to file a wrongful death claim. In a situation involving minors, only the person who enjoys legal guardianship is able to take matters to court. Attention needs to be paid to the fact that the filing for unmarried persons who didn’t have children at the time of the tragic event is significantly limited. It’s necessary to consult with a personal injury lawyer and get more details.
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It’s necessary to seek the advice of a lawyer
Court processes are highly complex and demand the intervention of a lawyer with experience in wrongful death cases. It’s paramount to seek the assistance of a personal injury lawyer, who will take the necessary steps to protect the interests of all parties involved in the process. The legal professional knows how to assess the claim and, based on all the different ways the surviving family has been affected by the loss, demand proper compensation. A personal injury lawyer knows what questions to ask to find out the truth. Most importantly, they provide continuous support during these difficult times.
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There’s a time limit to file a wrongful death claim
It’s not recommended to wait too long to file a wrongful death claim. The family members of the deceased ones have a maximum of two years to bring a lawsuit. If a claim is filed after the statute of limitations expires, it won’t be taken into consideration. What happens is that the wrongdoer gets away. it’s wise to consult with a legal professional and get things started. Rather than grieving over the death of a loved one, it’s better to seek justice right away and make sure the wrongdoer is punished.