When someone passes away due to another person or entity’s negligence, their loved ones may have the option to pursue a wrongful death claim. Understanding the process is essential, including determining who is eligible to file such a claim.
This type of claim is similar to a personal injury case in that it seeks damages like medical costs, lost income, and the pain and suffering the deceased endured prior to their passing. However, instead of the individual filing on their own behalf, the claim is submitted by a family member or a representative of the deceased’s estate.
Meeting with a Lawyer
During this initial meeting, the wrongful death lawyer reviews the circumstances of the incident. They then explain your rights and outline the circumstances of the incident. They then explain your rights and outline, gain clarity on the legal process, and evaluate whether you have a valid case.
Acting promptly is crucial, as a lawyer can immediately begin investigating the matter. They will not only manage the legal complexities efficiently but also provide support to help you through the emotional challenges involved.
Issue a Demand Letter
An attorney may initiate the settlement process by sending a demand letter, a formal request for payment to resolve a dispute. Typically directed at insurance companies, these letters outline the compensation sought to address the issue. However, the recipient might not accept the proposed terms, prompting negotiations.
During this phase, both parties aim to reach a fair settlement. If an agreement cannot be achieved after multiple discussions, the plaintiff has the option to escalate matters by filing a lawsuit, allowing the case to proceed to trial in pursuit of appropriate financial compensation.
Pursuing Compensation in a Wrongful Death Case
Anyone seeking compensation must inform the personal representative’s attorney of any supporting evidence within 60 days of filing the wrongful death lawsuit. Failure to comply could result in losing eligibility for compensation altogether.
Since wrongful death cases often involve intricate legal nuances, consulting an attorney can provide clarity and guidance on available options. While a jury may decide wrongful death cases, settlements are typically reached outside of court and require court approval. Once approved or a jury awards compensation, the estate’s personal representative will request the court’s permission to distribute the funds.
When Can I File a Wrongful Death Claim?
When someone passes away due to injuries caused by another person or entity who could have been held accountable through a personal injury claim, the victim’s loved ones have the right to pursue a wrongful death claim.
These claims can arise from various situations, such as a reckless driver, defective safety equipment like airbags, acts of violence, medical negligence, unsafe property conditions leading to accidents, or other preventable incidents.
Who Can File a Wrongful Death Suit?
The spouse is generally eligible to file a wrongful death lawsuit. Each state sets its own rules on who can file. Most states permit either family members or the executor of the deceased’s estate to do so, with spouses often meeting both criteria.
If there was no spouse or will, state laws provide a method to identify the next eligible individual. However, in some states without clear guidelines on eligibility to file a wrongful death claim, multiple individuals may submit claims. In such instances, a judge might group these cases together into a single lawsuit.
Endnote
The value of a wrongful death settlement is determined by the specific circumstances of each case, with outcomes varying widely based on these individual factors. Consulting with an attorney who specializes in wrongful death claims can offer crucial guidance and help you understand the potential worth of your case.
