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Three Commonly Asked Questions About Wrongful Death Lawsuits

13 January 2022 by Louise Boyd

People enact wrongful death lawsuits when a person, company, or entity causes death because they failed to act as reasonably as someone else would have in similar circumstances. The law offers compensation to close deceased's relatives if they can bring a wrongful death lawsuit against the errant party and provide evidence of negligence. Wrongful death lawsuits still have many gray areas, which is why you should research them before instituting a claim. Here are the commonly asked questions about the process.

Who Is Allowed to Bring the Claim?

In most states, the court-appointed representative to the deceased person's estate is the best person to file the lawsuit. Therefore, there is a connection between the wrongful death process and probate. The representative comes up with the lawsuit to get financial help for the children and other surviving relatives of the dead person. However, the court appoints the people likely to benefit from the wrongful death as personal representatives in most cases. You should check with your state and a lawyer to ensure you have the right to bring the lawsuit against the errant party.

Which Damages Will You Recover?

The damages you will recover from the wrongful death lawsuit vary from one state to another. However, in most states, they allow you to claim and get benefits to help you cover the funeral expenses. It is also advisable to claim for the loss of financial support from the deceased person. Additionally, your state might allow you to claim and get compensated for the loss of prospective inheritance. In some states, you get a leeway to sue for the pain and suffering experienced by the deceased person. Also, you could pursue compensation for non-economic damages you have suffered as the kin.

Are There Limitations for Filing the Case?

Every state has a time limit when you can bring a wrongful death lawsuit against the insurer and the negligent party. If you wait longer than the stated period to bring the case, you will lose the right to recover financial damages. Most wrongful death lawsuits get an out-of-court settlement. However, you should hire a lawyer and be prepared to go to court if the other process does not work.

The key is asking for the guidance of a personal injury lawyer in dealing with your wrongful death lawsuit. They have the resources, experience, dedication, and diligence needed to pursue the case and get you a befitting settlement for your loved one's pain and suffering. Contact a company like Cooper Levenson Attorneys at Law to get started.

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