If you’ve lost a loved one due to someone else’s negligence or due to their intention of causing harm, you may be eligible to file a wrongful death lawsuit. But, unfortunately, the mere thought of such an ordeal is enough to send a wave of anxiety and chaos into your life.
However, having representation and a strong case can help you get the desired results. But what do you need to know to file a wrongful death claim?
Keep reading below to learn what areas you need to prepare.
1. Who Can File?
The deceased person’s family must be the ones to file a wrongful death lawsuit, and typically the next of kin is the one to begin the process. The law states that the beneficiaries of the deceased include the spouse, children, parents, siblings, and other dependents, such as an adult child, a mental health guardian, or an adopted child.
2. What Demands Damages Can Be Claimed?
Knowing the demands for damages that can be claimed before filing is essential. Damages typically fall under two main categories – special and general damages. Special damages cover reasonable and quantifiable losses. They are usually determined by calculating the deceased victim’s:
- lost wages
- medical bills
- funeral costs
- other out-of-pocket expenses
General damages include:
- pain and suffering
- loss of companionship
- mental anguish
- other intangible losses
It is harder to quantify and can consist of various losses, such as the victim’s future earning potential, loss of parental guidance, and loss of consortium. Nevertheless, knowing exactly what damages can be claimed can help lay the foundations for a successful outcome and significantly increase the chance of a satisfactory recovery for surviving family members.
3. What Situations Are Considered Wrongful?
Knowing what situations are considered wrongful before filing a wrongful death is essential. It occurs when someone dies due to the wrongful act of another person or group of people.
Examples include negligence, medical malpractice, and dangerous drugs or products. Also considered are wrongful imprisonment and criminal assaults. It can also occur due to recklessness or intentional harm.
4. What is the Statute of Limitations?
Many states have statutes of limitations, so it is essential to check these and act timely to file a wrongful death lawsuit. Filing this may be a long and arduous process, so any legal consultation and advice should be taken seriously to ensure that the victim’s loved ones receive the justice they deserve. You can seek help from attorneys for wrongful death.
5. How Much Is the Cost of Filing?
It is essential to understand the cost of filing such a claim. The cost can range depending on the complexity of the case and the amount of evidence needed to prove the claim. Generally, filing fees and court costs can range between $400 and $1,000.
Litigants must consider that they might need a wrongful death lawyer. Depending upon the state and court system, an attorney fee can range from 30% to 50% of the amount recovered.
Know These Things Before Filing a Wrongful Death Lawsuit
Filing a wrongful death lawsuit is an important and complex decision that can have long-reaching impacts. So, it’s essential to make sure you understand the laws and processes involved with these cases before taking any action. If you have any questions, contact a wrongful death lawyer who can provide more information and guidance.
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