How do I file a wrongful death claim?

Losing a loved one is one of life’s most painful experiences. When that loss is caused by someone else’s negligence or wrongful act, the grief can be compounded by a sense of injustice. If you find yourself in this heartbreaking situation, you may be able to seek justice and compensation through a wrongful death claim.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought by the surviving family members or representatives of a deceased person against the party responsible for their death. It seeks to hold the responsible party accountable and recover damages for the loss of life, as well as related expenses and emotional suffering.

Think of it like this: if someone’s careless actions caused a car accident that took your loved one’s life, a wrongful death claim would allow you to pursue compensation from the negligent driver for your loss and the associated costs.

Who Can File a Wrongful Death Claim?

In most states, the following parties are typically eligible to file a wrongful death claim:

• The deceased person’s spouse
• The deceased person’s children or other immediate family members
• The legal representative of the deceased person’s estate

The specific eligibility requirements and procedures vary from state to state, so it’s essential to consult with an experienced wrongful death attorney in your area.

Surprising Facts About Wrongful Death Claims

1. Wrongful death claims can arise from various situations, not just accidents. Medical malpractice, defective products, workplace accidents, and intentional acts like assault or murder can all potentially lead to wrongful death claims.

2. Damages in a wrongful death claim can include both economic and non-economic losses. Economic damages cover tangible expenses like medical bills, funeral costs, and lost income. Non-economic damages compensate for intangible losses like pain and suffering, loss of companionship, and emotional distress.

3. There are time limits for filing a wrongful death claim, known as the statute of limitations. These time limits vary by state, so it’s crucial to act promptly and consult with an attorney to ensure you don’t miss the deadline.

Learn More

• Personal Injury Law: Understanding the legal principles and processes involved in seeking compensation for injuries caused by another party’s negligence or wrongful conduct.

• Estate Planning: Preparing for the proper distribution of your assets and making arrangements for your loved ones in the event of your passing.

• Grief Counseling: Exploring resources and strategies for coping with the emotional and psychological impact of losing a loved one.