If your loved one has been killed due to the neglect or carelessness of another person, you may be able to file a wrongful death claim. Wrongful death claims are most commonly filed in cases involving car accidents, but they can come about as a result of many other kinds of incidents.
To learn more and/or file a wrongful death claim, contact a skilled wrongful death lawyer.
A wrongful death occurs when an individual dies because another person was negligent in some way, causing harm to the deceased. Wrongful death claims are designed to hold that party accountable for negligence and seek damages on behalf of the family who has lost a loved one due to their carelessness.
Because a wrongful death claim involves a victim, the timeframe to file begins running at the date of death. Wrongful death claims can be filed seeking damages for financial losses suffered by a family as a result of the accident leading to their loved one’s death and funeral costs if they die as a result of an automobile accident or other type of accident.
If there are additional parties that should be held accountable for the wrongful death, an experienced personal injury attorney can help identify them and begin filing claims against them as well. For example, if a faulty product or negligent manufacturing is to blame for your loved one’s death, you may also have a claim filed against the company responsible.
Alternatively, in order to file a wrongful death claim against the individual responsible for your loved one’s injuries and subsequent death, you would need to file a personal injury claim with the assistance of an attorney. A personal injury case works much like a wrongful death claim, but it involves compensation for physical injuries directly sustained by the victim instead of lost wages and funeral expenses.
You may be able to file more than one type of claim for damages, but it can become confusing and you should consult an attorney before beginning any legal proceedings. Speaking with an experienced wrongful death lawyer is the first step towards receiving the financial restitution you need.
Some of the common damages for wrongful death include:
- Funeral expenses
- Lost wages from the deceased
- Loss of companionship and loss of consortium
The amount of money you will receive as compensation for wrongful death damages will be based on the specifics of your case. When filing a wrongful death claim or personal injury claim, it is important to have as much information about the accident itself available.
Wrongful death claims are filed in civil court with the help of an attorney. Generally, you only have two years from the date of death to file a wrongful death claim. This timeframe begins running at the time of death, not when you learn what caused it or who is responsible.
If you have lost a loved one in an accident and are considering filing a wrongful death claim, contact a personal injury attorney for assistance with your case.