by When a loved one passes on, it is a painful and emotional experience for the family. However, when the loss is unexpected and due to another person’s action, it can be extremely hard on the family members left behind. Apart from the emotional grief from the loss of a loved one, this way, the family members have to consider the financial expenses of providing a proper send-off and continuing with life without their deceased person’s support. Filling a wrongful death claim offers vital compensation to the family. The following are details on wrongful death and things to avoid doing in such a case.
Table of Contents
What is Wrongful Death?
Wrongful death is the demise of a person due to the misconduct and negligence of another person.
Who Can Claim Wrongful Death?
Every state law provides for who should get compensation in case of wrongful death, but in most cases, it is:
- The widow or widower
- The parents of the deceased fetus
- Children
- Immediate family members
How To Prove A Wrongful Death
To successfully bring a wrongful death claim, the plaintiff must often establish the following:
- The death of a person.
- The death was due to another person’s negligence or intention to cause harm.
- Establish the survival of dependents who are suffering financially due to their beloved’s demise
- You can appoint a lawyer to represent the decedent’s estate. You can hire an advocate through reputable firms, such as the Law Offices of Steve Gimblin.
Things To Avoid During A Wrongful Death
If your loved one passed on due to wrongful death, there are a few things you will have to avoid doing, no matter the circumstance at hand:
- Making a public announcement: If your beloved died in an unusual tragic way or in a public manner, the media will report on the death of your loved one and will wish to speak with the family. As a family, you may feel that you need to talk to the media to clarify issues surrounding the death of your loved one. However, since, as a family, you are still moaning, you might end up releasing sensitive information that can be used against your wrongful death claim. Therefore, it’s wise to keep off the public and moan with your loved ones and family.
- Family wrangles: High tension will arise due to the tragedy in your family. You’ll have difficult conversations and even more difficult decisions to make. There will be occasional arguments, but it is critical to trust and listen to one another through these difficult times. Arguing among family members will only complicate the situation. Furthermore, when there is a lack of communication between interested parties, there is more possibility for error.
- Don’t contact the insurance company: The responsible person’s insurance company may try to get you and offer compensation. It’s vital to remember that the insurance company isn’t on your side and is trying to pay you as little as possible to settle your claim. Based on what you say during a chat with the insurance adjusters, they will try to decrease or deny the amount to compensate you. Therefore, it’s best to consult your advocate before speaking to the insurance company.
- Do not delay taking legal action: Although you are going through a difficult time as a family. It’s crucial to consider the time restraint on filing a legal proceeding, also known as the “statute of limitations.” Every state has a different duration to claim wrongful death. Mostly it takes 2-3years.
Wrongful death cases can be complex, and the judicial system can be so demanding with its stringent rules and deadlines. Investing in a reputable attorney with a wrongful death experience will boost your chances of success while removing the unnecessary burden of attempting to navigate the legal process on your own.
