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Few things can hurt as badly as feeling like a loved one died because of someone else's wrongful actions or neglect. You may, however, have the right to demand compensation for your loss. If you're considering filing a claim, here are a few things a wrongful death attorney will tell you about your rights and how the process works.
Who Can File?
Generally, the legally closest person to the deceased will have the strongest claim. A surviving spouse would have the best case, and surviving children would have the next-best. If someone dies without a wedded partner or kids, then their closest relatives, such as siblings or parents would have the right to pursue a case.
The circle extends outward, but it only includes relatives. A business partner or an ex-spouse, for example, can't pursue a wrongful death claim.
Damages
People pursuing wrongful death claims can pursue damages for their economic losses. For example, a family can demand the lost earning potential. Notably, earning potential is based on their skills and wages at the time of death. A survivor can't demand compensation for the expected wages a person still in trade school might have gotten after they finished.
A surviving spouse has the right to demand compensation for the loss of marital affiliation. Similarly, surviving minor children are entitled to compensation for the loss of parenting.
You can claim compensation for medical care prior to the person's death, too. If the victim spent two months in the hospital before passing, the survivors can seek money to cover the treatment bills. Likewise, courts allow survivors to request compensation for the pain and suffering the person went through prior to dying.
Filing a Claim
It is wise to consult with a wrongful death lawyer before submitting a claim. They can study the case and tell you whether they believe you're eligible. Similarly, an attorney can review the details of what happened, speak with experts, and tell you how they might pursue your claim.
The statute of limitations for wrongful deaths in most states is similar to the rules for injury claims. This means filers usually have two years from the date of an incident to officially submit a claim. However, the statute is satisfied once your wrongful death attorney sends a demand package to the defendant.
The package will explain why you're entitled to compensation, what the defendant did or failed to do, and how much compensation is in order. The defendant will then have to respond with acceptance, a negotiation offer, or rejection.
For more information, contact a wrongful death attorney near you.
Share14 March 2022
