Wrongful Death Lawsuit: The Process of Filing a Claim

Losing a loved one in a road accident is one of the most tragic situations a family can ever experience. The struggle of coping becomes even more challenging as family members seek justice for their loved one’s death. They have to take legal actions to ensure that the involved parties are held accountable for the wrongful death.

A wrongful death claim is filed by either an individual or a group against defendants who brought the death of a person. This may be filed if the defendants were negligent or intentionally caused the incident. For instance, if there was a fatal road accident in Long Beach, a wrongful death attorney can represent the family and help them file a lawsuit against the parties responsible for the crash.

When Do You File a Wrongful Death Lawsuit?

A wrongful death lawsuit is all about finding justice for the deceased person. It emphasizes the huge financial and emotional impact of the grave accident to the family of the victim. Keep in mind that specific family members can file a wrongful death lawsuit. These are the parents, children, and the spouse of the deceased. In some cases, siblings and cousins are also allowed to pursue a case.

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What Are the Requirements for a Wrongful Death Lawsuit?

To be able to successfully file a lawsuit in relation to a loved one’s wrongful death in a car accident, the family or their representative should be able to prove the following elements.

  • A person lost his life
  • The defendant’s conduct and behavior led to the fatal accident
  • The deceased might have filed a lawsuit against the defendant if he survived
  • One or more survivors remain as the deceased person’s heirs or beneficiaries
  • There is compensation that the estate can provide to the beneficiaries

What Forms of Assistance Can Beneficiaries Claim?

The defendant should assist with any damages caused to the family. The court often awards damages depending on the facts laid out before it. The following are some of the common damages awarded under a wrongful death claim.

  • Medical, funeral, and burial expenses
  • Compensation for the deceased person’s lost wages between the final injury and the time of death
  • Compensation to the family to help them endure pain and suffering brought by the death of their loved one
  • Parental care and guidance for the deceased person’s surviving children
  • Assistance for the surviving children’s lost opportunity to inherit property or an asset

Do not forget to take note of your state’s statutes of limitation regarding the filing of wrongful death lawsuits and claims. For instance, in New York, you need to file a wrongful death claim within two years. After that, you will no longer have a chance to recover damages that your family suffered from the incident. If you believe that you need to sue someone or hold someone accountable for the death of your loved one, make sure that you immediately take legal actions. Do not hesitate to consult a credible lawyer who specializes in wrongful death cases.

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