Did you know that, according to the National Highway Traffic Safety Administration (NHTSA), approximately 42,795 people die in car accidents every year in the United States?
Losing a loved one is hard, but it’s worse if it’s due to negligence or error. Family members may be entitled to file a wrongful death claim when such an event happens. According to Lake Charles wrongful death lawyer Paul J. Cox, wrongful death claims are filed when the deceased could have filed a personal injury claim if they had lived through the accident or injury.
Knowing what to expect will be invaluable when filing this type of claim. Let’s look at the types of compensation a victim’s family can receive as well as the process of filing a wrongful death claim.
Understanding Wrongful Death Claims
A wrongful death claim lets you sue for the insurance money owed for the loss you have experienced. When your loved one dies due to the negligent or deliberate actions of a third party (usually because of a car accident, medical malpractice, or an industrial accident caused by another person), it’s important to collect police reports and medical records.
Wrongful death claims help hold the responsible person accountable, not just for money. Understanding these claims can help you handle the legal process and show respect for your loved one’s memory.
Check out this website of a personal injury law firm that offers free consultation for wrongful death cases: https://www.donalddaylaw.com/.
Determining Eligibility for a Claim
How do you know if you can file a wrongful death claim? First, you must be a close relative of the deceased, such as a spouse, child, or parent. In some states, siblings or other dependents may also qualify.
You have to prove the death occurred due to someone else being negligent or otherwise wrongfully acting. Car accidents, medical malpractice, and workplace incidents could fall under this category.
You will have to provide evidence that you suffered financial loss as a result of the death, such as expenses for the funeral or loss of income.
Each state has a particular deadline for filing claims, so act fast. Knowing the above will help you guide yourself to see if you meet the criteria for a wrongful death claim.
The Process of Filing a Wrongful Death Claim
Filing a wrongful death claim involves several steps.
- Gather all the important documents, including the death certificate and any relevant medical records related to the incident.
- Determine who is responsible and collect evidence to support your case.
- Hire a lawyer with experience handling and winning wrongful death cases.
- Once your claim is in written and documented, file it in the right court and have the defendant served.
- Be aware of the statute of limitations, as each state has a deadline for filing a claim.
- You must also be prepared for negotiations or a trial if the settlement cannot be reached.
Types of Damages Available in Wrongful Death Cases
It’s important for anyone filing a wrongful death claim to understand the types of damages available, as they will impact what the surviving family can recover.
Economic damages may include lost wages, funeral costs, and medical bills incurred from the date of injury until death. Meanwhile, non-economic damages can recompense for the pain and suffering caused by the tort, loss of companionship, or mental anguish experienced by the injured party’s close family member(s).
Sometimes, there may also be a basis for punitive damages. Those damages are meant to punish the defendant for grossly unjust actions. Keep a record of all losses so that appropriate compensation is given.
Establishing A Strong Case
In building a wrongful death claim with integrity, you need to have evidence that documents the deceased’s injuries and treatment. Gather police reports and witness accounts to establish the circumstances of the accident.
Photos of the accident scene can clarify what transpired and expert opinions can help establish liability. Your wrongful death lawyer will strategize how to present the case and maximize the compensation you may receive. He or she can also develop arguments that will combat any issues that may arise.
Don’t hesitate to hire the best lawyer who can help you get justice for the wrongful death of your loved one.
