No one knows when their time will come. As much as we may want to, we can’t control when our loved ones die. While death is a natural occurrence, there are some cases where another person’s negligence causes it. This is called Wrongful Death Claim.
If you have lost a loved one due to someone else’s careless actions, you may feel a range of intense emotions, including shock, anger, and grief. On top of that, you may be wondering what to do next and how to handle the situation.
This guide will provide information on what a wrongful death is, what to do if you’ve lost a loved one due to someone else’s negligence, and how to file a wrongful-death claim.
What is a Wrongful Death Claim?
A wrongful death claim is a civil action that may be brought against someone who causes the death of another person through negligence or intentional wrongdoing. The usual defendants in a wrongful death lawsuit are drivers who cause fatal car accidents, employers who negligently allow unsafe working conditions or people who intentionally kill others. While most wrongful death claims are based on negligence, a few exceptions exist.
- One is when a defective product causes death. The claimant may sue the manufacturer or seller for the faulty product in this case.
- Another exception is when the death is caused by medical malpractice. In this case, the claimant may sue the doctor or hospital.
Who can File for a Wrongful Death Claim?
In most states, the deceased person’s surviving spouse, children, or parents can file a wrongful-death claim. In some states, however, the personal representative of the deceased person’s estate must file the claim. The personal representative is the person who has been appointed by the court to manage the dead person’s affairs.
What are the Damages that can be recovered in a Wrongful Death Claim?
The damages in a wrongful-death claim include the following:
- The deceased person’s medical and funeral expenses
- The loss of the deceased person’s earnings
- The loss of the deceased person’s benefits, such as health insurance and pension benefits
- The loss of the deceased person’s love, companionship, and support
- The pain and suffering of the dead person’s survivors
How do you Prove negligence in a WrongfulDeath Claim?
To prove negligence in a wrongful death claim, the claimant must prove the following:
- The defendant had a duty to act safely -The defendant breached that duty
- The defendant’s breach of duty caused the death of the deceased person
- The death of the deceased person resulted in damages to the claimant
There are many different ways to prove that the defendant had a duty to act safely. For example, if the defendant was driving a car, he had a duty to drive safely. If the defendant was a property owner, he had a duty to keep his property in a safe condition. If the defendant was a doctor, he had a duty to provide competent medical care.
How do you File a Wrongful Death Claim?
The loss of a loved one is always a difficult and trying time. If you believe that your loved one’s death was caused by another person’s negligence or foul play, you may be considering filing a wrongfuldeath claim. While the process may seem daunting, taking it one step at a time is doable. Here are three steps to help you file a wrongfuldeath claim:
- Gather evidence. This may include police reports, medical records, eyewitness accounts, and more.
- Find a lawyer. Finding a lawyer with experience with wrongful death claims and who you feel comfortable working with is essential.
- File a claim. Once you have gathered all the necessary evidence and found a lawyer, you can file a wrongfuldeath claim with the court.
What is the Statute of Limitations for a Wrongful Death Claim?
The statute of limitations, or the deadline for filing a wrongful death claim, varies from state to state. In most states, the deadline is two years from the deceased person’s death date. In some states, however, the deadline is as little as six months from the dead person’s death date.
How can an experienced attorney help?
If you have lost a loved one due to someone else’s negligence, you may feel overwhelmed and unsure where to turn. An experienced wrongful death attorney can help you navigate this difficult time. They can help you file a claim and deal with the insurance company. They will also fight for you to get the compensation you deserve. If you need help, contact Garcia and Phan Southern California Personal Injury Lawyers at 714-586-8298. We will help you through this difficult.