Wrongful death cases are among the most grueling types of personal injury cases. After a death that falls under the scope of personal injury law, a family member can seek justice on behalf of the deceased. It can be a complex and emotionally draining process, but getting help from a reputable and experienced wrongful death attorney will help.
According to the Centers for Disease Control and Prevention, the number of unintentional injury deaths in 2021 was 224,935. It’s a scenario that impacts many families from all walks of life.
Here’s a look at four things you should know about wrongful death cases in the United States.
1. You Need to Know Who Can File a Lawsuit
A death in the family will hit everyone hard. A death resulting from an avoidable accident or incident can be even more difficult. While a death caused by negligence will impact the entire family, that doesn’t mean that everyone in the family can file a wrongful death lawsuit.
The deceased’s spouse, children, and parents will have the option of hiring a lawyer and pursuing a wrongful death case. Depending on the state, the rules may differ. For instance, there are situations where grandkids or other relatives may be able to file a lawsuit.
2. You Need to Consider How Much You’re Entitled to
It’s not easy to calculate the financial loss caused by a death in the family. Someone’s passing removes their much-needed financial contributions from income and other means. Losing a loved one might also necessitate more expenses if, for example, service providers are needed to help care for children, elderly family members, or loved ones with disabilities.
When working with a wrongful death lawyer, the legal professional will help you calculate the compensation you might be entitled to. That can include compensation for loss of financial support, medical care for your deceased loved one, funeral or cremation service, loss of inheritance, and loss of companionship.
A lawyer will ensure you don’t miss anything and that you know what you’re entitled to.
3. You Need to Abide By the Filing Deadline
When retaining the services of a reputable lawyer, you won’t have to worry about missing the filing deadline. The last thing you’ll want is to see your wrongful death lawsuit derailed because of a late filing. Find out from your lawyer how long you have to file a lawsuit following the wrongful death of a loved one. Waiting too long may derail your attempt to recover the compensation you may have otherwise been entitled to.
Even as you grieve the tragic, traumatic, and untimely passing of a loved one, your lawyer can lay the groundwork for a wrongful death lawsuit. You’ll have someone in your corner.
4. You Need to Have Supporting Evidence
You’ll need to provide your lawyer with tons of documents to move forward with a wrongful death lawsuit. The goal is to prove the accused’s financial liability and your right to compensation. You must provide evidence like accident reports, birth and death certificates, medical bills and records, tax forms, and employment records.
The lawyer you hire will guide you through the process, explain what documents and supporting evidence are needed, and help you track down the evidence required. You won’t be left on your own to figure things out.
If you ever find yourself in the unenviable position of needing a wrongful death lawyer, you’ll at least want to know what to expect. It’ll be a stressful process based on the circumstances requiring legal action. But the right lawyer will provide the help you and your family need during your time of need.
