(Newswire.net — August 10, 2022) — A wrongful death claim is a type of personal injury claim that is filed when someone dies due to the negligence or carelessness of another person or entity. This can be a difficult time for families, and it is important to understand how these claims work to ensure you are fairly compensated.
Who Can File a Wrongful Death Claim?
The deceased person’s surviving spouse, children, or parents can file a wrongful death claim. In some cases, the deceased person’s estate may also be able to file a claim.
It is important to note that different states have laws regarding who can file a wrongful death claim. You should check with an attorney in your state to see if you meet the requirements.
If you are eligible to file a claim, you will need to prove that the death was caused by the negligence or carelessness of another person or entity. You can do this by gathering evidence and witness testimony. A skilled attorney will be able to help you with this procedure.
What Damages Can You Recover in a Wrongful Death Case?
The damages you can recover in a wrongful death claim will depend on the state where the claim is filed. In most states, the following damages may be available:
- Medical expenses
- Funeral and burial expenses
- Loss of income and benefits
- Loss of companionship or consortium
- Pain and suffering
How Long Do I Have to File a Wrongful Death Claim?
The statute of limitations for filing a wrongful death claim will also vary from state to state. In most cases, you will have between one and two years from the deceased person’s death date to file a claim.
It is important to note that if you do not file a claim within this time frame you will likely lose your right to recover. Therefore, you must consult with an attorney after your loved one’s death as soon as possible.
What Is the Process of Filing a Wrongful Death Claim?
The first step in filing a wrongful death claim is to consult with experienced wrongful death attorneys in Memphis or your home state. Lawyers will review your claim and determine if you have a valid case.
Filing a Complaint
If you have a valid claim, the next step will be filing a complaint with the court. This will start the legal process and allow you to begin seeking damages. The court will then require the other party to respond to your complaint. This is usually done by filing an answer with the court.
The Discovery Process
After the other party has filed their answer, the discovery process will begin. This is when both sides will gather evidence and information about the case. Once discovery is complete, both sides will then have the opportunity to file motions with the court. These motions can be used to request a specific ruling or to ask the court to dismiss the case.
Going to Trial
If the case does not get dismissed, it will then go to trial. Both sides will present their evidence and arguments to a judge or jury during the trial. The judge or jury will then decide whether the other party is liable for the death of your loved one.
What if the Other Party Does Not Have Insurance?
If the at-fault party does not have insurance, you may still recover damages. In some cases, you may be able to file a claim against the other party’s assets. However, it is important to note that this can be difficult. Wrongful death attorneys should be able to help you explore your options.
Final Thoughts
Filing a wrongful death claim can be a complex and difficult process. However, it is important to understand your rights and options after your loved one has passed away. An experienced lawyer will be able to help you through every step of the process and ensure that you are fairly compensated for your loss.
Leland D. Bengtson
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.