No one ever wants to think about the possibility of filing a wrongful death claim. However, if you have lost a loved one due to someone else’s negligence or recklessness, you will need to have all of the information so that you can receive compensation for this huge loss. Filing a wrongful death claim can be an overwhelming process, but with the right knowledge and support, you can get through it. We will share everything you need to know about filing a wrongful death claim, from understanding the process to finding the right lawyer.
What is a Wrongful Death Claim?
When a death is caused by the negligence or wrongful act of another, the surviving family members may be able to file a wrongful death claim. This type of claim can seek compensation for the survivors’ losses, such as the loss of the deceased person’s earnings and benefits and the medical and funeral expenses that resulted from the incident. Moreover, survivors can be compensated for the emotional loss of companionship or support from the deceased person.
Lastly, you can file a claim for compensation for the deceased person’s pain and suffering before death. To be successful, a wrongful death claim must typically show that the death was caused by someone else’s negligence or intentional harm. If you are considering filing a wrongful death claim, you should speak with an experienced attorney to discuss your legal options.
Who Can File a Wrongful Death Claim?
Unfortunately, not everyone who has lost a loved one can file a wrongful death claim. In order to do so, you must have certain legal relationships with the deceased person.
In most cases, the personal representative of the deceased person’s estate is the one who files the wrongful death claim. The personal representative is typically either the executor of the estate or the administrator. If there is no will, the court will appoint an administrator.
The surviving spouse is usually the first in line to receive damages from a wrongful death claim. If there is no surviving spouse, then the children of the deceased may be able to receive damages. In some cases, the parents of a deceased child may be able to file a wrongful death claim if their child died before reaching adulthood.
Other relatives may be able to receive damages from a wrongful death claim if they were financially dependent on the deceased person. This could include elderly parents or disabled siblings who were being cared for by the deceased person. If you think any of these relationships to a lost loved one apply to you, speak to a wrongful death attorney in North Myrtle Beach to discuss your situation. It could be that you are entitled to make a wrongful death claim and seek compensation.
Filing a Wrongful Death Claim
The first step in the process is to contact an experienced wrongful death attorney. A good lawyer will be able to guide you through the process and help you build a strong case. Speak to several lawyers and see which one you get along with best. Read online reviews and look up their track record of success.
Next, gather evidence to support your claim. This may include medical records, police reports, eyewitness testimonies, and incident reports. Your attorney will use this information to file a formal complaint with the court.
After the claim is filed, the court will review your case and decide whether or not to move forward with a trial. If a trial is ordered, both sides will present their evidence and arguments before a judge or jury. The jury will then determine whether or not the defendant is liable for the damages claimed.
If you are successful in your wrongful death claim, you may be awarded compensation for things like medical expenses, funeral costs, lost wages, pain, suffering, and more. While no amount of money can bring back your loved one, it can help alleviate some of the financial burden caused by their untimely death.
Most states have a statute of limitations for filing a wrongful death claim, which is typically between one and three years from the date of death. However, there are some exceptions to this rule. For example, if the death was caused by medical malpractice, the statute of limitations may be extended. Do not miss your chance to be awarded compensation.
This has been a brief guide to understanding wrongful death claims. From what a wrongful death claim is to who can file such a claim, we have unpicked the key pieces of information that you need to begin the process of seeking compensation. You will need an experienced and compassionate lawyer to help you with this process. Interview many lawyers and find the perfect fit for you. Then, you can begin your fight for compensation for your psychological and financial damages.