How to File a Wrongful Death Claim
Experiencing the death of a loved one is one of the worst tragedies that can befall a family, friends, and loved ones of the deceased. Although there’s no amount of money that could ever replace the memories and the spirit of your loved one, wrongful death claims are highly valuable in being able to help you provide care for the loved ones of a deceased.
Whether you’re now a widow due to the death of a spouse, have been left an orphan due to the death of a parent, or simply want to file a lawsuit so you can get a sense of justice and peace, a wrongful death claim can help you get the answers you need.
Below are some things you need to keep in mind when filing a wrongful death claim. These will help you make an informed decision and set goals for your claim.
File a Wrongful Death Claim if Someone is to Blame
The legal definition of wrongful death is a death caused by individuals who knowingly or negligently cause the death of another person. It’s important to keep this in mind when you’re filing your wrongful death claim. Although it may hurt to lose a loved one due to natural causes, these types of deaths don’t constitute a wrongful death claim.
In fact, filing a wrongful death claim for these types of deaths can be turned down by a court and cost you money in fees. Reach out to a lawyer who can help you determine whether or not your loved one’s death was due to a wrongful death.
If your loved one’s death was a result of:
- Homicide
- Medical negligence
- A defective product
- A car crash
- Another type of accident
These can all qualify for wrongful death claims, pursuant to certain state laws.
File to Recieve Compensation and Damages
After you’ve determined that your loved one’s death does, in fact, qualify for a wrongful death claim, you need to make sure to outline what specific damages you are seeking compensation for.
There are certain damages given known as special damages, which are damages that cost you, the victim, serious money. For instance, some things that could fall under special damages include:
- Car accident reparations
- Lost wages from your loved one
- Costs incurred due to medical expenses before the death of a loved one
General damages can also be obtained during a wrongful death claim. These are damages such as emotional distress, which a lawyer can help provide proof for.
File Using Help of a Lawyer
If you’re a family member that needs help filing a lawsuit, you need to do so using the help of a lawyer. Your lawyer will let you know of any and all options for compensation, as well as get you the help you need to solidify your case and get you the settlement you deserve for the death of your family.
If your family member left behind children, a lawyer may also be able to help you get compensation for future years to come.
