What to do if you’re eligible for a Wrongful Death Claim
Wrongful death claims are a way for loved ones to seek compensation from the party responsible for their loss. It includes damages, medical expenses, and funeral costs related to the death. If you have lost a loved one due to someone else’s negligence, then you may be eligible for a wrongful death claim. This article will discuss what constitutes as “wrongful” about these types of claims, how much money may be available through such a suit, and how you can file your claim successfully.
Who can file a wrongful death claim?
There are different types of wrongful death claims, which may affect who can file under the law. First, let’s look at state laws in general. Every state has its specific guidelines for what constitutes a wrongful death claim and how much money you might be able to recover if successful with your suit. The main factor determining whether you can file a suit is whether the person who was killed had dependents, such as children. If you can prove that your loved one left behind either minor children or other dependents (for example, an elderly parent), you may be eligible for compensation.
If they do not have any immediate family members in this position, there is still a possible wrongful death claim. Suppose you can prove that your loved one was financially dependent on another person. In that case, they may be able to file under the other party’s insurance policy or workman’s compensation if their employer is at fault for their loss of life.
How to get your settlement in a wrongful death case
Several different factors determine how much you will be able to receive in a wrongful death claim. First, it is important to understand what damages can be recovered under the law. Damages include medical expenses for treatment related to the injury or recovery time before your loved one passed away due to their injuries, as well as funeral costs and pain and suffering. The courts usually consider the age of your loved one, their life expectancy, and how close they were to retirement when determining these damages.
The difference between a criminal and civil lawsuit in the event of a wrongful death
Criminal cases are heard in a criminal court, while civil lawsuits take place in a civil court. In the event of a wrongful death lawsuit, there is no possibility of jail time or fines being given. However, your loved one’s killer could be held liable for damages to compensate you and your family members under civil law. Criminal homicide cases can lead to jail time for the offender. Wrongful death claims are a way to seek compensation from those responsible for trying and easing your suffering after such a tragic loss of life. If you have lost a loved one due to someone else’s negligence, then it may be possible that you could file a wrongful death claim on their behalf with the help of a legal professional.
What are some misconceptions about filing for a wrongful death lawsuit?
Several different misconceptions surround wrongful death claims that people have. First, you or your family members must be financially dependent on the person who passed to file a wrongful death claim. This isn’t true; as stated above, there are other ways in which you might meet requirements for filing under state law depending on what type of relationship your loved one had with the person responsible for their death.
Another common misconception is that you must be a financial provider to your family to file a lawsuit on their behalf after losing a loved one due to someone else’s negligence. This isn’t true; as long as they were your dependents or otherwise met requirements under state law, then you may be able to file on their behalf.
Understanding what you’re entitled to can help you decide on whether or not to pursue a lawsuit. The right people must know about your case so it doesn’t fall through the cracks, and having an attorney experienced in wrongful death litigation will increase your odds of success. Remember, there are time deadlines for filing claims, so find a wrongful death attorney in Tampa as soon as you are able.