If you have lost a loved one and believe that their death was caused by the negligence of another person or entity, you may be able to file a wrongful death lawsuit. Wrongful death lawsuits are complex, so it’s important to find an experienced attorney who can help you navigate the legal process.
The first step in filing a wrongful death lawsuit is to determine whether you have a valid claim. Wrongful death claims are based on the premise that the death was caused by the negligence or wrongful act of another. In order to prove negligence, you must be able to show that the defendant owed a duty of care to the deceased and that they breached that duty, resulting in the death.
What is Negligence
Negligence is when someone fails to take reasonable care to avoid causing injury or loss to another person. In order to prove that the defendant was negligent, you must be able to show that they owed a duty of care to the deceased and that they breached that duty, resulting in the death.
Some examples of negligence that could lead to a wrongful death claim include:
- A driver who was speeding or driving recklessly
- A doctor who failed to diagnose a serious medical condition
- A property owner who failed to fix a dangerous condition on their premises
If you believe that your loved one’s death was caused by negligence, you should contact a wrongful death attorney as soon as possible. An experienced attorney will be able to review the facts of your case and help you determine whether you have a valid claim.
Statute of Limitations
The statute of limitations for filing a wrongful death lawsuit varies from state to state, so it’s important to speak with an attorney as soon as possible after your loved one’s death. In most states, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that if you want to file a wrongful death suit, you must do so within two years of your loved one’s death. However, there are some exceptions to this rule. If the death was caused by someone’s negligence, the statute of limitations may be extended. Additionally, if the death was caused by a crime, the statute of limitations may also be extended. In some states, the statute of limitations is as short as one year. It is essential that you research the statute of limitations in your state so as to not miss your chance for the compensation you deserve.
Finding the representation for your family
If you have a valid claim, the next step is to file a lawsuit in civil court. Wrongful death lawsuits are handled differently than other types of personal injury claims, so it’s important to have an attorney who is familiar with the process. The attorney will also be able to help you gather evidence and build a strong case. Wrongful death lawsuits can be complex and emotionally charged. An experienced attorney will be able to handle the legal complexities of your case while you focus on grieving the loss of your loved one.
Make sure to give yourself plenty of options. Many lawyers have unique skill sets and will perform differently in the courtroom. Meet with several law firms so that you can compare rates, personnel, and experience. Having a wide scope of your options will help ensure that you make the best decision for your family. Finding the right wrongful death attorney will take the pressure off of your family and allow you to take the time needed to grieve your loss.
Damages
If you are successful in your wrongful death lawsuit, you may be awarded damages. Damages can include medical and funeral expenses, lost income, pain and suffering, and loss of companionship. You may also be able to recover punitive damages, which are designed to punish the defendant for their negligence. The specific damages available will depend on the circumstances of the case, but they are typically intended to compensate the family members for their losses.
The right attorney will be able to help you gather evidence, interview witnesses, and build a strong case for damages. In this time of loss, the last thing that should be on your mind is fighting a legal battle. If you have lost a loved one due to someone else’s negligence, don’t hesitate to contact a wrongful death attorney today.