wrongful-death

Wrongful Death

In the eyes of the law, ignorance excuses no one. Thus, it is more than a prerogative to know the general truth about some claims in order not to sleep on our rights. One of the most prevalent claims is the wrongful death. Moreover, we have to be acquainted with this claim to help us out in the future if wrongful death has occurred.

A wrongful death is a lawsuit which alleges that a person has died due to deliberate and negligent acts of the defendant. Thus the surviving dependents or beneficiaries of the decedent are entitled to compensation. In connection to wrongful death, every statute is unique though they may follow some general principles.

Generally, the immediate family members like the spouse, parents and children, provided they are of major age and capacitated to do so, are the ones entitled to institute a claim. There are instances when the guardian ad litem is also allowed. This happens when the surviving beneficiaries are less than 18 years of age. Other statutes also allow grandparents, legal dependents and the extended family to do the same.
Another crucial point to remember is the period to file the claim. It must be within the ‘statute of limitation’ enforceable in the land. The claim may be denied if it was done after the statute of limitation has run.

When you find it too hard to institute this claim, you can acquire the services of an experienced wrongful death lawyer. To search for a competent and reputable lawyer, you can start by choosing the practice area and location. You can also rely on the testimonials of satisfied clients. A skilled wrongful death lawyer, with the use of his knowledge and skill can guarantee that the decedent’s family’s emotional distress will not be bumped up with financial constraint. In every wrongful death claim there are liabilities and damages. Liabilities involve proving the responsibility of the defendant over said death and other injuries. Damages, on the other hand, refer to the amount or extent of injury or loss which resulted from the defendant’s negligence. These aspects should be well taken care of because at the very onset, these are the reasons why you file a wrongful death claim. The award will not serve as payment for the death but the compensation for the loss of earnings in the family and the financial stress that resulted thereafter.

Why Do You Need a Wrongful Death Lawyer?

Wrongful death refers to a lawsuit which alleges that the victim was killed as a consequence of negligence or misdeed of another. Usually, wrongful death occurs as a result of personal injury accidents, medical malpractice, auto accidents, workplace accidents, dangerous or defective products, mesothelioma and other accidents. When the proximate cause of the wrongful death of the decedent roots from reckless, careless or negligent acts of another, his actions are often subject to personal injury and/or wrongful death suits.

The loss of a family member causes great pain, turmoil, as well as inconceivable loss of the family. In the stage of grieving, it is hard or impossible to function in everyday life and carry on, let alone think about making a wrongful death claim. This stage leaves the decedent’s family feeling powerless with so many questions unanswered. When you are ready to receive settlement or filing a wrongful death suit, an experienced wrongful death lawyer can be of great help. Though a wrongful death claim cannot replace your loss but it is as close to justice.

If you have lost a loved one due to the negligence of a person or a company, you may have the right to receive compensation from an insurance company or from the person or company responsible for said death. Surviving family members are strongly encouraged to immediately consult with a wrongful death lawyer to safeguard the critical evidence of the fatal accident and to avoid being estopped to institute a claim.

The immediate aftermath of a wrongful death is to hire the services of the right lawyer. Hiring an experienced wrongful death lawyer is a critical decision that may significantly affect the lives of the decedent’s family. Wrongful death lawyers appreciate the complexity in legal issues as well as the powerful emotional trauma absorbed in a wrongful death claim. Experienced wrongful death lawyers will vigilantly represent the rights of the victim while assisting the family members in a dependable and considerate manner by providing information regarding the practical and legal aspects of personal injury law and wrongful death claims including survivor actions, Social Security Disability and Windows Benefits.

To be able to show evidences that a wrongful death happened, an investigation in connection with the death shall be conducted. It is necessary that the wrongful death lawyer have the necessary resources to acquire records and reports as well as thorough information for successful case results. Clients should feel confident about their legal action. With the help of a diligent wrongful death lawyer, the process in recovering the reasonable compensation will be smoother.