Wrongful deaths can greatly impact one’s life. Losing somebody in a catastrophic accident can be devastating for the family and there cannot be much done to alter the situation. But at the same time, the family members can seek rightful justice. They need accountability for what their family is going through and needless to say, financial support. Everybody involved in the accident must be proven guilty and pressed with the charges. Close family members can file a case and seek the desired justice with this guide to wrongful death lawsuit.
Some examples of wrongful death cases
In a wrongful death case, the legal claim is brought by the family members on another party. This is done when they have lost their loved ones due to carelessness, recklessness, or some other form of wrongful conduct. These claims exclusively allow the victim’s party to get the required financial as well as judicial compensation. There are multiple forms of wrongful death lawsuits owing to different forms of fatal accidents:
- Car accidents
- Motorcycle accidents
- Bike accidents
- Truck accidents
- Pedestrian collisions
- Slip and fall accidents
- Defective product claims
Proving liability in wrongful death claims
Wrongful death cases are normally fault-based cases. The plaintiffs in these cases must be able to prove that the defendant has been responsible for the negligent accident. Following this, an experienced attorney is going to thoroughly investigate the matter for bringing out comprehensive details and evidence. This is important because you must have all the necessary information and evidence ready with you to prove the liability on the defendant.
The statute of limitations
Just like the other forms of legal claims, wrongful death lawsuits also have their strict statute of limitations. If the lawsuit is not initiated within the stipulated time, you might not be able to file any lawsuit later. The statute of limitations is two years from the date of the death of your loved one.
Who can file the lawsuit?
The lawsuit can be filed by either of the parties listed below:
- The personal representative of the deceased individual’s estate
- The inherent heir of the victim
With the laws getting more complex, an individual might find it daunting to understand the entire process thoroughly. Hence, having an experienced attorney by your side is always advisable. They will guide you through the process till the time you receive the deserving justice.
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