What Qualifies as a Wrongful Death Lawsuit?
April 18, 2019 | Wrongful Death
Wrongful death claims can be pursued by the immediate relatives of victims that wrongfully died. Filing a wrongful death lawsuit without legal knowledge can be overwhelming, but this is where a lawyer comes in. Having a lawyer on your side when filing a claim allows you and your family to focus on grieving, offers you information on what qualifies as a wrongful death lawsuit, and determines whether you are eligible to recover compensation for the victim’s pain and suffering.
Am I Eligible to File a Wrongful Death Lawsuit?
When someone dies because of another person’s negligence, the victim’s surviving family members have the right to file a wrongful death lawsuit on behalf of the victim. Factors that could affect your eligibility to file a wrongful death claim include whether the other party is solely liable in the accident, how much time has passed since the victim’s death and attempting to file a claim, and your relationship to the victim. Wrongful death laws are different in each state, but generally, the people that are eligible to file a wrongful death lawsuit on behalf of a victim are spouses, children or designated heirs, or the victim’s parents, but in some states, a victim’s grandparents, siblings, or other descendants can file a claim. Again, this varies in each state, so if you are unsure whether you are eligible to file a wrongful death claim, it’s essential to consult a lawyer about your family member’s case immediately.
In addition to determining your eligibility to file a wrongful death claim, an experienced lawyer can ensure that you are within your state’s Statute of Limitations for filing a wrongful death claim and offer a potential outcome for the number of damages you could be eligible to recover with a compelling wrongful death lawsuit.
How Can I Prove Wrongful Death?
Liability for an accident is generally proven by using a standard process of collecting information, providing evidence of negligence, involving the police, and hiring a lawyer to represent your case. While there is a time frame that states when a wrongful death claim must be filed by (Statute of Limitations), it’s best to take action with a victim’s case as soon as possible after their death. Filing a police report preserves critical details from the accident and ensures that the other party can’t shift or alter blame, and having a wrongful death lawyer by your side can provide a sense of protection during this vulnerable time and identifies the best options for proceeding with the victim’s case. While not every case is eligible to recover compensation, consulting an experienced lawyer about an accident can provide you and your family with support during a difficult time and offers information on additional resources that can be used to obtain justice for your family member’s wrongful death.
Most Common Wrongful Death Lawsuits
Losing someone you love is never easy, but if another person’s negligence caused your family member’s sudden death, you could be entitled to compensation for their fatal injuries and financial losses. Generally, the most common types of wrongful death lawsuits include:
- Car Accidents
- Truck Accidents
- Medical Malpractice
- Pedestrian Accidents
- Workers’ Compensation
- Premises Liability
- Product Liability
If you lost a family member in an unexpected accident and are ready to get justice for their untimely death, a Wrongful Death Lawyer can analyze your situation, develop a compelling claim on behalf of the victim, and make sure that you receive the most possible damages with your wrongful death lawsuit.
Talk to a Wrongful Death Lawyer Today
The process of filing a wrongful death lawsuit is complex and can be difficult to navigate without a thorough understanding of a state’s legal system. If your immediate relative was recently killed because of another person’s wrongdoing, and you are interested in filing a wrongful death lawsuit to recover compensation for their untimely death, contact the Dixon Injury Firm today to discuss your case. Our Wrongful Death Lawyers know how hard it is to lose a loved one and that it can be difficult to file a wrongful death lawsuit while grieving such a tremendous loss, so they offer free consultations and are dedicated to doing anything it takes to recover compensation for victims and their families during this trying time.