When someone loses their life because of someone else’s careless actions or misconduct, families face overwhelming grief. Filing a wrongful death claim can help families find some justice and receive financial help. But who has the right to make this kind of claim?
To seek accountability and fair compensation, it is important to know who is eligible and how the legal process works in wrongful death cases. Knowing your rights is an essential step to finding closure and seeking justice.
A Simple Look at Wrongful Death Claims
A wrongful death claim happens when someone’s careless or intentional actions cause another person’s death. This includes situations like car crashes, medical errors, workplace injuries, or faulty products. It is done to hold the party responsible and provide financial assistance to the family of the deceased.
In order to claim compensation for the death of their loved one, families must retain a lawyer who will help them identify every recoverable loss and create a sufficient evidentiary record. A wrongful death attorney will help the family to understand losses such as funeral expenses, loss of income, and loss of companionship, as well as help to gather necessary evidence and deal with the insurance company.
They will also have local knowledge about the laws and deadlines for filing your claim, which is significant in shaping it among the states. If the family would like dedicated assistance with the wrongful death claim process, it could be beneficial to meet with a wrongful death lawyer with experience in order to also compare your peace of mind that the investigations and negotiations of your claim are being executed correctly and in a timely manner.
Who Can Bring a Wrongful Death Claim?
The following people may be able to file a wrongful death claim:
Spouse
The deceased’s wife or husband has the right to file a claim for loss of companionship, financial support, and other damages.
Children
The deceased’s born or adopted children may attempt to recover damages for loss of parental guidance, loss of financial support, and emotional distress.
Parents
The deceased’s parents are entitled to file a claim if their child was single and did not have children.
Financial Dependents
A person who was financially dependent upon the deceased, including stepchildren and putative spouses, may also claim.
Estate Representatives
The executor or personal representative of the deceased may submit a claim on behalf of the estate and beneficiaries.
Other Family Members
In some cases, siblings, grandparents, or family members may be eligible to file a claim depending on state regulations, as well as a variety of other factors and circumstances.
What States’ Laws Mean to You?
It is necessary to understand that every state has its own wrongful death claims. Some states may have special laws to determine who is able to file a wrongful death claim and what damages can be recovered. While some states permit siblings or grandparents to pursue a claim, others do not.
Reasons to File a Wrongful Death Claim
You could pursue a wrongful death claim for:
- Financial Support: Compensation for lost earnings, the cost of medical bills, burial or memorial expenses, and other financial losses caused by the death of a loved one.
- Accountability: Holding the party responsible for their actions and behavior.
- Justice: Some would describe the filing of a wrongful death claim as a sense of justice and closure for the loved ones left behind.
- Support for Dependents: Financial support for dependents who relied upon the decedent financially.
- Punitive Damages: In some cases, punitive damages may be assessed in order to punish the responsible party for their negligence or wrongdoing.
- Emotional Closure: One of the ways a wrongful death claim can help you begin the process of moving on from a traumatic loss is the emotional closure that can occur.
- Doing Your Part to Prevent Future Tragedies: Wrongful death claims can help to mitigate any future tragedies by holding those accountable for their actions.
How to Represent a Claim?
Filing a wrongful death claim can have a number of steps to it, including:
Consulting with an Attorney
Work with a wrongful death attorney who is experienced in understanding your rights and your options.
Continually Gathering Evidence
Collect documents, witness statements, and other evidence to bolster your claim.
Filing the Claim
File your claim with the correct court or insurance company.
Negotiating a Settlement
Attempt to negotiate with the party responsible or their insurance company to settle.
Trial
If your case is not settled, you will proceed to present your case at trial to adjudicate your claim to obtain justice.
Losing a loved one is always difficult, but if you review who has standing to file a wrongful death claim, it will help you take the first step for an attorney to file a wrongful death claim to seek justice and financial stability for your family. If this has made you wonder if you can file a wrongful death claim, it is imperative that you speak to an attorney who has experience in wrongful death claims to discuss your rights.
Also Read: Filing A Wrongful Death Lawsuit In Nevada
