Anyone who has lost a loved one to “wrongful death” in an accident caused by negligence may have legal options to pursue to help offset some of their financial losses and other claims, such as loss of companionship or guardianship. This type of personal loss occurs suddenly, without warning and devoid of any possible preparation in most cases. By its very meaning, a wrongful death is the ending of someone’s life prematurely because someone else or a company was negligent, and it is an event that should have not happened.
In a Personal Injury case where someone has died, the result is more than financially overwhelming for survivors. In addition to bearing costs for a funeral and burial, the family suffers additional personal harm. Not only will they be deprived of the love, companionship, guidance and emotional connection to their lost family member, they may also be losing any future income and inheritance they otherwise would have enjoyed.
In most cases, the survivors are allowed to sue for fair compensation. There may be a few exceptions, depending on specific state statutes. Some cases exempt governmental agencies from lawsuits or have limitations on damage awards. There may also be time limitations, sometimes as short as 30, 60 or 90 days. If you miss that time limit for filing a wrongful death lawsuit, you may not be able to do so later on. Some states also continue to offer family immunity, with certain exceptions that primarily involve insurance fraud.
If you or a family member has lost a loved one in an accident caused by negligent behavior, it is important to act quickly to determine what rights apply to that unique situation. It is hard to deal with legal aspects of a wrongful death when a person also faces the sudden loss of a loved one and all the details that surround a fatality. This is why it is essential to obtain an experienced Personal Injury Attorney for advice and representation immediately. They will handle the legal matters, so you can deal more effectively with those other personal matters such as planning a funeral and notifying other family members of that untimely passing of your loved one.
Other areas of concern that your Wrongful Death Attorney will handle for you include investigation of the accident, determination of negligent behavior, pinpointing the responsible party or parties, and calculation of damages. In some cases where negligent behavior was particularly reckless, a jury may award additional punitive damages that can be quite considerable.
There are many variables to consider, so consultation with our experienced Personal Injury Attorney is an important first step to take, as soon as possible. Learn more here about this area of law that allows injured persons to obtain fair compensation for a Wrongful Death claim.
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