If someone loses their life due to the misconduct or negligence of another person, then the survivors who lost this person may choose to sue the accused for ‘wrongful death.’ This claim would be put against the person who may have been involved in this person’s loss of life. For example, if the person died in a car accident, the driver would be sued. The aim of this type of lawsuit is to get the survivors compensation for lost wages from the individual who passed away, absent companionship, and expenses to cover funeral costs. The statues of wrongful death do vary amongst states, but they tend to define who is able to sue and if there are any limits that need to be applied to the award. Wrongful death lawsuits were originally created to ensure orphans and widows were supported if they lost their loved ones.
Who is Eligible?
In general, the deceased’s immediate family, their children, and surviving spouses fall into the eligibility category. In every state, there will be a set of statues that are there to establish the procedures to bring a wrongful death case into action. A personal representative will be required to carry out the actions for expenses incurred before the death, conscious pain and suffering, and personal injury. The estate will be entitled to any awards for those damages. The will of the decedent will also play a part in what happens to the award.
How Can You Prove a Wrongful Death?
The following is required for a wrongful death lawsuit to take place. Firstly, someone would have had to have passed away due to the legal fault of another individual. This could be because they were negligent or it could be because they had the intention to inflict harm. The family members who survived must be suffering from financial grievance as a result of this person’s death. Finally, there needs to be a personal representative appointed for the estate of the decedent.
How Long Does It Normally Take?
The average time frame of a wrongful death lawsuit is between 1-4 years. However, some have been known to be settled within a number of months. If an insurance company is there to offer a small settlement to the injured party and it is accepted, then the timing of the case can be shortened by a considerable amount. If legal professionals aren’t involved, then the case could be resolved quite quickly.
Hiring a Wrongful Death Lawyer
Legal action can be brought to the table if the deceased individual lost their life due to an injury or accident that was caused by the misconduct or negligence of a different individual, a company or an entity. If this is the case, then a knowledgeable, local Miami wrongful death attorney should be contacted as soon as possible. When it comes to lawsuits, there are many deadlines that need to be met, so discussing your potential case and legal rights should not be delayed.
Losing someone is never easy. If someone has been lost because of somebody else’s mistake, then the family members of this individual have every right to get what they deserve. Nothing will bring this person back, but justice and compensation could help make this horrendous time a little bit easier.