When someone dies because of another person’s negligence, the family members may want to pursue legal action against those responsible. A wrongful death attorney can help you file the necessary paperwork and take the appropriate steps toward justice.
WRONGFUL DEATH ACTIVITIES
A wrongful death lawsuit is filed on behalf of the deceased by their personal representative. This individual must have a valid court appointment and is often the executor of the deceased’s will or administrator of the deceased’s estate. If a dispute occurs over who should bring a suit, a probate court will decide and then make an official appointment on behalf of the decedent’s estate.
HEIRS AND BENEFICIARIES
Many states allow surviving spouses, children and blood relatives to sue in a wrongful death lawsuit if the decedent left no other relatives. Others, such as New Jersey, will allow unmarried domestic partners to bring a wrongful death claim if the decedent left no surviving family members or financial dependents.
Damages Recovered in a Wrongful Death Case
In some cases, surviving spouses and children can be awarded damages for their economic losses. This may include the funeral and burial costs, medical bills, lost wages and more.
These types of damages can help survivors cope with the monetary strain and emotional anguish that they will experience. They can also provide financial security for a future that would have been affected by the death of their loved one.
HOW TO FIND A WRONGFUL DEATH ATTORNEY
A good way to start is to do some research on local law firms that handle wrongful death cases. Look at their website and read reviews from past clients. Ask for references and find out what happened in their past wrongful death cases.
It’s always a good idea to hire an attorney that is willing to go to trial if needed. This is because a wrongful death lawsuit can be complex and requires a lot of hard work from the lawyer.
The time limit to file a wrongful death lawsuit wrongful death attorney will vary by state, but it generally must be filed within one to three years of the decedent’s date of death. This can be a long time to wait for an attorney’s attention, so it is essential to speak with an attorney as soon as possible.
Whether the attorney is experienced with the wrongful death laws in your state and what your chances of success are will depend on the specifics of your case. This is why scheduling a free case evaluation is a great idea.
PROOF OF NEGLIGENCE
In order to file a wrongful death lawsuit, the attorney must first establish that the defendant’s negligent actions caused the decedent’s death. For example, if the defendant was texting while driving, and they hit a pedestrian, the driver’s behavior may have contributed to the victim’s death.
If the jury determines that a defendant’s actions were the cause of the victim’s death, they can be held accountable for their conduct and compensate you for your losses.
