Unexpectedly losing a loved one is a tragic experience for a family. When you’ve lost a loved one because of someone else’s actions, you can seek justice on behalf of your loved one. You can file a wrongful death claim. Typically, these cases can get complex and you’ll likely want legal representation on your side. Then, you can begin going through the legal process. Here are five things you need to know about wrongful death claims.
Wrongful Death Claim Is a Civil Action
If negligence led to your loved one’s death, you can hold them accountable. A wrongful death claim is a civil action because they’re meant to help the deceased’s family recover for the losses they’ve suffered.
There are many ways that negligence can cause a wrongful death. Some common examples include being on the phone while driving and causing an accident, drunk driving, a medical mistake, work injury and more.
To get compensation for the claim, your lawyer will work with you to investigate what happened to your loved one. They’ll find evidence of negligence and how it caused your loved one to lose their life.
Filing a Wrongful Death Claim
When you’re coming forward with a wrongful death action, each state has different laws on who can file the claim. In some cases, the deceased’s family can file, or a personal representative will come forward with the action. The family can choose the personal representative. Your lawyer will go over the ways this works in your state.
Statute of Limitations
This is another matter that can vary by state. There is a time limit to come forward with a wrongful death claim. This could be a matter of one, two, or more years. It’s important to understand the time you have to file so you don’t miss that window. If you’re outside of the statute of limitations, you will likely not be able to file a claim and seek compensation.
Going through the legal process may seem like a lot of responsibility to take on when you’re grieving for a loved one. Getting justice for your family can provide financial security and possibly provide some closure that you held the negligent party responsible. Your lawyer will take care of the legal matters so you and your family can grieve.
When you file a wrongful death claim, you can potentially recover damages for:
- Medical Costs. Your loved one may have been in the hospital or received medical treatment before they passed. Hospital bills and other forms of medical care can result in hefty expenses. This shouldn’t fall on your shoulders alone. Your lawyers will seek compensation to cover these expenses.
- Loss of Earnings. You and your family may have depended on your loved one for financial stability, this loss of income can be jarring. You may wonder how you’re going to be able to keep up with financial responsibilities and still put food on the table. When the expenses from medical bills are added, this can be an extremely stressful situation. This is why your lawyers will fight to recover what your loved one would have made had they continued to work.
- Property Damage. If your loved one’s accident resulted in property damage, you can recover those damages as well.
- Pain and Suffering. Your loved one may have experienced pain and suffering from their injuries after the accident. This can also be included in what your family recovers. While this doesn’t have a monetary loss like the economic losses listed above, it’s still a consequence of the accident.
- Emotional Distress. The emotional distress and mental anguish of losing a loved one is indescribable. It can be even more so when their loss could have been prevented. The emotional distress you and your family are experiencing is something your lawyer will take into consideration.
- Loss of Consortium. Loss of companionship, guidance, and support are all difficult aspects you and your family will deal with. This is also considered a noneconomic damage in a wrongful death claim and your lawyer can fight for you to receive damages for this loss.
Your lawyer will do everything possible for you and your family to recover the full and fair compensation that you deserve.
How Long Does It Take to Resolve a Claim?
When you’re filing a claim, you may wonder how long it will take for you and your family to reach a resolution. In addition to wanting to get your loved one justice, you may also need what your family is owed so you can take care of the financial expenses of the loss.
There isn’t a given timeline on how long it will take to have a resolution. Your case may even proceed to court. If it’s taking a long time and you have expenses now, you may consider other options to cover your expenses. Preferred Capital Funding may have the resolution for you.
Preferred Capital Funding Offers Pre-Settlement Advances
With your lawyer’s approval, you can apply for a lawsuit loan. This can provide you with the money you need now. You can take care of your bills and allow your legal case to take the time it needs for you and your family to get justice.
To apply for a lawsuit loan, speak with your lawyer. Then, you can apply for a loan here. If approved, you could have your loan within a few business days.