A wrongful death lawsuit is something nobody will ever want to have to experience, but as is life, they are sometimes unavoidable. Should you ever find yourself the unlucky defendant or claimant in a wrongful death case, this page will tell you everything that you need to know about them. If you are involved in a wrongful death case, it is important that you try to keep yourself in good spirits – they can be very long, drawn-out, and rather depressing. If you are the claimant in a wrongful death case, you will likely still be in mourning, and because of this, should focus more on getting over the death of your loved one and less on the case, allowing your legal team to do all of the work for you.
Here is everything that you should know about a wrongful death case.
What is a Wrongful Death Case?
A wrongful death, as the name suggests, is a death caused by negligence, incompetence, or stupidity. An example of a wrongful death case would be a child killed by a drunk driver or a passenger killed by a reckless driver. In these instances, the relatives and loved ones of the deceased can file a wrongful death lawsuit on the deceased’s behalf.
These lawsuits are not criminal and are entirely civil, so when a person is found guilty, they will not be convicted, nor will they receive any period of imprisonment or community service. Rather, the lawsuit is designed to aid the relatives of the deceased in receiving financial compensation for the pain and stress, as well as a loss of income, that they will have to endure. Occasionally, wrongful death lawsuits result in out of court settlements, which can be massive sums of money.
You Will Need Legal Aid
In a generation that is obsessed with courtroom dramas and legal thrillers, many think that they can mount their own lawsuits and defend themselves. This is, without a shadow of a doubt, absolutely ridiculous. In a wrongful death lawsuit, you will need legal aid, whether you are the claimant or the defendant. The legal specialists from www.warnetthallen.com explain that as far as insufferable stress and pain goes, you should not have to then add more pressure and defend yourself – rather, you should hire an attorney to alleviate the burden. Legal aid is absolutely essential in a wrongful death lawsuit, and it is the first thing you should pursue.
Eligibility
Before mounting your lawsuit, you should first determine whether you are eligible to file a lawsuit – in some instances, you may not be. The next of kin is usually allowed, and that is the parent, the spouse, and the children. A child may need an adult representative who has custody or guardianship over them to manage their claim on behalf of the child. In some states, grandparents, step-parents, and other dependents may also be allowed to file a lawsuit in the name of the deceased.
Settlements Awarded
There are many reasons why somebody may be awarded a settlement in a wrongful death case, some of they consist of a loss of income; loss of quality of life; loss of inheritance; burial and hospital fees; mental anguish; loss of support; damages; companionship loss; loss of a relative. Some states do not allow for some of the previously mentioned, so it is important that you discuss with your attorney about your particular and specific situation. Your attorney will be able to help you through the entire process and help you to make sense of things that may otherwise seem very confusing.
Statute of Limitations
Every wrongful death claim is subject to the statute of limitations of your specific state. Statutes of limitations put a limit on the amount of time that can pass from the initial wrongful death to the start of the claim. Generally, a wrongful death claim has a grace period of between a year to three years to make their claim. If they do not follow the statute of limitations, the claim will likely be barred and dismissed and cannot be brought back up in court again. The statute of limitations offers a period of mourning time so that you can recover mentally from the aftermath of your loved one’s death. The period of up to three years is certainly adequate time to launch a claim, with many wrongful death specialists suggesting that you should mount one immediately and allow your attorney to handle everything for you.
Now, with the help of this page, you know more or less everything that there is to know about a wrongful death lawsuit. Hopefully, you should never have to deal with one, but now with the help.
