Filing A Wrongful Death Claim

Losing someone you love is always painful, but it is even more so when the loved one died as a result of someone's act of negligence

. When a family member dies, the entire family suffers extreme pain and loss, both emotionally and financially. Grieving family members often want justice. This is when a wrongful death lawsuit against the wrongdoer may be appropriate. Filing a wrongful death claim is often the best way for a family to get justice, receive compensation for their financial losses, and punish the wrongdoer for his or her actions.

Who is eligible to file a wrongful death lawsuit? In most cases, only the next of kin or the estate of the decedent has the right to file a claim. The next of kin may include the victim's parents, spouse, or children, depending on the laws in the state where the death occurred. If the next of kin are minor children, an adult family member or guardian will have to file suit on their behalf.

A wrongful death attorney can assist you in filing a wrongful death lawsuit. The attorney should be experienced in litigating cases related to wrongful death. The attorney you hire will be responsible for gathering evidence to be presented at trial and helping you through the process of filing a claim, including completing the necessary paperwork. The next of kin or decedent's estate may recover damages for a variety of different types of losses, including:

Loss of companionship

Loss of emotional and financial support

Mental and emotional suffering

Cost of the decedent's medical treatment before death

Funeral expenses

Loss of the decedent's future income

Punitive damages to punish the wrongdoer

Just as in other personal injury cases, time is an issue in wrongful death claims. The case must be filed before the deadline set forth in the statute of limitations, which will differ from state to state. The family of the decedent will not be able to recover damages after the statute of limitations has expired, so it is crucial that you know what the time limit is and file suit before it expires. Knowing when the statute of limitations tolls, or begins to run, can be confusing, however. In some states, the statute of limitations tolls when the accident causing the fatal injury occurred, rather when than the death itself occurred. It is a good idea, therefore, to consult with an experienced wrongful death attorney to be sure the claim is filed before the statute of limitations expires.

Nothing can make up for the loss of a loved one, but seeking justice for the death can help the grieving family family move on.

by: Roland H. Ormond

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