The Basics of Wrongful Death Claims

Losing a loved one is unimaginably painful, but when that loss is caused by another’s recklessness, it can be even more devastating. At Saavedra Law Firm, our experienced lead attorney has helped countless families file wrongful death claims to help them recover and get justice for the tragedy they have endured. In this post, we will go over the basics of wrongful death claims and what you need to know if you are considering filing a claim.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action initiated by the surviving relatives or beneficiaries of a person whose life was cut short because of another’s negligent, reckless, or intentional behavior. This legal pursuit aims to hold the liable party accountable for their actions while offering financial support to the grieving family members left in the wake of their loss.

Who Can File a Wrongful Death Claim?

Each state has its own laws regarding who can file a wrongful death claim. Generally, the deceased’s spouse, children, and parents are eligible to file a claim. In some cases, other individuals who depended on the deceased may also be able to file a claim.

Damages Available in a Wrongful Death Claim

Compensation in wrongful death claims is meant to cover various losses and provide financial support to the surviving family members. The types of damages available often include funeral and burial expenses, loss of income, loss of companionship, and emotional distress. The court may also consider the financial dependence of the survivors on the deceased when awarding compensation.

Several factors can influence how much compensation is awarded in a wrongful death case. These may include the victim’s age, health, earning capacity, and the degree of negligence involved. An experienced attorney can help evaluate these factors and ensure the family receives fair compensation.

How Long Do I Have to File a Wrongful Death Claim?

Each state has its own statute of limitations for filing a wrongful death claim. This is usually between 1-3 years from the date of death, but it is essential to consult with an attorney right away to ensure you don’t miss any deadlines.

How to File a Wrongful Death Claim

Filing a wrongful death claim involves several steps, beginning with an investigation to gather evidence and identify the liable party. This process may include collecting witness testimonies, medical records, and expert opinions to establish the cause of death and prove negligence. Once sufficient evidence is gathered, the lawsuit is filed in civil court.

The role of evidence and witnesses is crucial in proving liability and demonstrating the impact of the wrongful death on the surviving family members. For this reason, seeking legal counsel is vital. A knowledgeable attorney can provide guidance, handle the complexities of the legal process, and advocate for the family’s best interests.  

Pursue Justice for Your Loved One

Losing someone you love to stranger’s actions is a painful and traumatic experience. However, filing a wrongful death claim can bring some closure and financial support for the family left behind. If you are thinking about filing a wrongful death claim, you must seek legal aid from an experienced attorney who can walk you through the process and help you obtain the justice and compensation your family deserves. At Saavedra Law Firm, we are dedicated to fighting for our clients’ rights and helping them find peace in their time of grief. Contact us today for a consultation to discuss your case.