Call Our Wrongful Death Lawyers at 1-800-ATTORNEY
A death is usually unexpected and can change the lives of concerned parties. For instance, the death of a family’s main breadwinner can have far-reaching implications for the dependents of this person for many years to come. In many cases, a fatal accident is preventable and may be due to someone else’s negligence.
Wrongful Death Definition
Wrongful death is defined as a death caused by the fault of another person or company. This could be due to a drunk driving accident, a defective product, a workplace accident, medical malpractice, etc.
Numerous states differ in their wrongful death definitions and judgments; however, according to the constitution, any case that is deemed as wrongful death entitles certain people to seek compensation.
Liability
In the matter of liability, there could be one or more parties involved. Liability basically refers to who is at fault according to the law. It’s thus not uncommon to have two or more defendants in a wrongful death case being sued for damages. The law usually requires that every party involved be held accountable for its role in a wrongful death case. To this end, it’s usually very important to seek the advice and services of an experienced wrongful death lawyer in order to get the best advice pertaining to your case.
Damages
Damages refers to the losses you’ve incurred, and thus the compensation that you get in the event of a settlement or successful verdict. This can go a long way in relieving the stress of funeral costs, hospital expenses, and loss of familial income. In some cases, intangible aspects such as pain and suffering can also make up part of the damages.
Before embarking on a wrongful death case, your chosen attorney or law firm needs to carry out an economic assessment in order to figure out if suing responsible parties is a viable option. In some cases, the individuals or entities being sued may not have the assets or wherewithal to pay you for your loss. Additionally, since these kinds of cases may require a lot of commitment with regard to time and financial resources, you may want to opt for a lawyer who works on a contingency-fee basis – like the lawyers at 1-800-ATTORNEY. These types of lawyers won’t charge you a single cent unless they win your case for you. That way, you won’t have to worry about legal fees as the case progresses.
According to the law, there are a select few who can sue for wrongful death cases. Here’s a list:
- Immediate family: This includes the spouse, children as well as parents of unmarried children. This clause also includes adopted children.
- Life partners, putative spouses and financial dependents: In some states, life partners such as in the case of civil unions or individuals who were financially dependent on the deceased may sue. Additionally, if you believed in good faith that you were common-law married to the victim, you may be able to sue in limited jurisdictions.
- Distant family members: In some states, individuals such as grandparents, nieces, aunts and uncles may be able to sue.
- Parents of an unborn, deceased fetus: In some states, if a child was born but died shortly after, you may be able to sue. However, you should be able to demonstrate that the death of the child was due to someone else’s fault such as in the case of medical malpractice.
Statute of Limitations
There is a time limit when it comes to seeking damages or filing a wrongful death lawsuit. This is usually covered by the statute of limitations, and in many states, the law requires you to file your case within two (sometimes three) years from the occurrence of the death. However, this statute of limitations clause doesn’t come into effect until ‘discovery’, or the time when the harm is discovered.
Given the fact that wrongful death cases are complex, it’s important to seek the best legal help in order to increase your chances of getting the maximum amount of compensation. Remember that you only get one change to bring a claim. Please contact us today at 1-800-ATTORNEY for your free consultation regarding your wrongful death case.
