Welp MagazineIt is never an easy thing to accept that someone you love is no more. When someone close or related to you passes away, one of the things that you can do in addition to grieving for your loss is to bring a wrongful death lawsuit. You have already suffered a lot but claiming damages could help you heal a little faster. This is not to say that an amount of compensation can replace your loved one but it can surely help you recover from the financial misery that you are in right now.
1. Understanding What A Wrongful Death Claim Is
This type of claim arises from the negligence of an individual whose misconduct whether intentional or intentional leads to the death of your loved one. In such a situation where a person related to you has died at the fault of somebody else, you will have the legal right to file such a case against them.
Both state and federal courts allow filing such a claim against individuals who may have been the cause of the death of your loved one(s). Every state in the country has some kind of wrongful death law that applies to the citizens.
You should know that these claims comprise various fatal accidents in addition to car accidents and medical malpractice as well. They include product liability cases too. Numerous persons and companies in addition to governmental agencies can be held at fault for the death of your loved one if they fail to act in a certain way or did act in a way that eventually led to their death.
2. Understanding Survival Claim
People who file for this claim must also understand what a survival claim is. Following the death of your family member or loved one, you can file for a survival claim as well which is not similar to a wrongful death action. In case of a survival claim, you will be entitled to damages that are based on what the deceased person in your family would have received if they had not died in the first place. Determining these damages is very vital to your case. The cost of your pain and suffering is also added to the final compensation. You will also have to assess your medical costs and the wages lost after the passing of your family member.
3. When Is The Right Time To Hire Legal Help?
You are certain that your loved one has passed due to the negligent actions of another individual. It could be intentional or unintentional. You should get in touch with your wrongful death attorney right away and appraise them of the entire situation. Your lawyer can help you at every step of the way and assist you in establishing a stronger case. The lawyer will be able to ensure that you receive adequate financial compensation for your loss. This is exactly what your loved one would have wished for you as well. An experienced attorney can stand by your side and provide the most professional and effective solution to your case.
The one thing that sets them apart from any other lawyer is their emotional availability. They are sensitive to the many challenges that families and dependents face after their loved one has passed due to the intentional/unintentional negligent behavior of any other individual.
4. Filing For This Claim – Are You Qualified?
You can file for a wrongful death case if you are a parent, a sibling, child, husband, or wife, or a family member of the deceased person. You may file for this claim if you are a person related to the deceased either by blood or marriage in case none of the parties mentioned above are there to do the needful.
5. Holding The Negligent Party Responsible
The party whose intentional or unintentional yet negligent act resulted in the death of your loved one is the responsible party. This is the individual who caused the death of the person in the first place. Whether the individual took any mitigative actions or not is an entirely different discussion altogether. The person responsible for the death of the individual is the one against whom you can file a lawsuit.
This little discussion was only to shed a little more light and clarify what this claim is. You should be aware of this and a few other terminologies that your wrongful death attorney is going to use while he fights for your rights and justice. Make sure to research beforehand prior to appearing in a civil court.
