Losing a loved one is one of the most difficult experiences you can go through. When a loss results from someone’s negligence, it can be even harder to come to terms with. If you have lost a loved one due to someone’s recklessness, you may be able to file a wrongful death claim.
The wrongful death claims process can be complex and overwhelming. However, it’s essential to understand the steps you need to take to seek justice for your loved one. We reviewed the website of www.bagenlaw.com for information on the wrongful death claims process. Here’s all you need to know about the legal process.
Understanding the Basics of Wrongful Death Claims
Wrongful death claims arise when your loved one dies because of someone’s negligence. The surviving family members of the deceased person usually file the claim. The claim allows them to recover financial compensation.
Different states have varying laws on wrongful death cases. The laws outline when you can bring a wrongful death case and what kind of compensation you’ll get.
There are many causes of wrongful death. Some of the common ones include:
- Medical malpractice
- Auto accidents
- Defective products
- Motorcycle and pedestrian accidents
Eligibility for Filing a Wrongful Death Claim
The laws regarding who can file a wrongful death claim vary by state. Ensure you check the regulations in your state to know who is eligible to bring a case.
The immediate family members of the deceased party can file a wrongful death claim. These family members may include the deceased person’s spouse and children.
More distant family members may be eligible to file a claim in other states. Examples are the deceased party’s surviving siblings, parents, and grandparents. In some cases, the administrator of the deceased person’s estate can file a claim. They do so on behalf of the family.
Proving Negligence in a Wrongful Death Case
You must show that the other party’s negligence caused the victim’s death. Doing so is vital for the success of the wrongful death claim. Negligence is the failure to exercise reasonable care, resulting in harm to another person.
To prove the defendant’s negligence in a wrongful death case, you must show that they:
- Had a duty to act with reasonable care
- Violated their duty of care
- The violation of a duty of care caused your loved one’s death
- Your loved one’s death led to significant losses.
Damages That You Can Recover in a Wrongful Death Claim
Damages refer to the monetary compensation a family receives; they cover the losses they suffered due to their loved one’s death. There are different kinds of wrongful death damages, and one of them is medical expenses. It includes any costs related to the deceased person’s medical treatment. Other damages are funeral and burial expenses.
You can get compensation for the loss of companionship the deceased person provided. Sometimes, it’s possible to recover punitive damages. They punish the party that caused the death for their particularly egregious actions.
Factors Determining the Value of Your Wrongful Death Claim
Determining the value of your wrongful death claim can be complex. However, there are certain factors that the insurer considers when evaluating the claim. Here are some of the critical factors that can impact the value of a wrongful death claim:
- The earning potential of the deceased person
- Recoverable damages
- The number and age of dependents
- The deceased’s income before passing on
The Statute of Limitations in Wrongful Death Cases
You must file a wrongful death case within a certain period after the death of your loved one. The filing window is usually known as the statute of limitations. The deadline varies depending on the state in which the death occurred.
It’s important to know your state’s statute of limitations for wrongful death cases. Missing the deadline to file a claim can result in the case being thrown out of court. A case dismissal will jeopardize your ability to recover compensation.
You have a right to recover compensation after the wrongful death of a loved one. By understanding the wrongful death claims process, you can fight for the justice you deserve.
If you believe you have a wrongful death claim, your case may fall under one of several categories. A wrongful death lawyers and other nationwide attorneys can assist when your family member passes from these scenarios and more.
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