When to File for a Wrongful Death Lawsuit A wrongful death lawsuit arises when a person’s death is caused by one’s negligence, recklessness or inaction. This type of lawsuit is often filed by surviving family members to recover for damages and losses. Survivors can file a claim for the recovery of three kinds of damages. They are: - The loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent
- The value of the financial support, which the claimant would have received from the decedent if he did not die
- The value of the household services the decedent would have provided in the future, if any
Other damages from your wrongful death lawsuit may also cover the following: - Pain and suffering
- Mental anguish
- Medical and funeral costs
- Lost wages, including future earnings
- Lost benefits
- Lost inheritance
- Loss of support or companionship
- General damages
- Punitive damages
A wrongful death lawsuit is often preceded by a claim. Before making a claim for damages, it is necessary to consult with an experienced person, preferably a legal expert in the field. An attorney can help gather evidence, draft needed documents, and build a strong case. Before making a claim, it is often necessary to determine the liability of the persons involved in the case. Having an attorney would help in making a damages claim and in negotiating for a settlement. In addition, an attorney may also inform you on what damages may be recovered, what can be expected from the case, and what could be the best strategy to litigate or settle the case. When settlement fails, an attorney may file a complaint to the courts. In most cases, if the court fails to make both parties come to a settlement, a trial may proceed. Once a complaint is filed, the court will inform the other party to ask for a response. After a response is made, both parties may appear before the court to talk about how the case should proceed. In this stage, the discovery process will be discussed. Discovery is the legal process wherein lawyers from both parties discuss how evidence in the case was obtained and how it will be presented in court. In a lawsuit, the court must exhaust all efforts to find settlement of a case; sometimes it may even resort to arbitration. A lawsuit is deemed finished if all appeals have been made and the verdict on the case is final. Wrongful death lawsuits are often complicated and restricted by the statute of limitations. Generally, in most states, the limitation period for the filing of a wrongful death lawsuit is from one to three years after the death of a decedent. Because of the nature of this lawsuit, it is important for surviving family members to consult with an attorney before filing for a lawsuit. In choosing an attorney to handle a case, it is important to have one who has the skills and experience in the field. A wrongful death lawsuit attorney who has the right credentials can best attend to your needs.
|
