Are you wondering if you’re able to file a wrongful death claim? The process doesn’t have to be a mystery. Read on to learn all about it.
According to the CDC, more than 32,000 people are killed and 2 million are injured each year from motor vehicle crashes.
This is just one of the causes of death considered to be in the category of wrongful death.
Here at Awesome Jelly, we want to address the topic of wrongful death.
We do not want you to be caught unprepared should tragedy strike in your life.
In this post, we are going to go into the who, what, when, where, and why of wrongful death.
This knowledge will prepare you for any unexpected events in life that surround these many possible tragic circumstances.
So, let us get started.
Who Can File a Wrongful Death Claim?
Source: http://www.cooperelliott.com/
The first thing to address in our complete guide to wrongful death claims is, who can file this type of lawsuit.
It is important to note that state laws vary concerning who can file wrongful death claims.
Here is a list of the specifics per state.
Below is a general list of who can file a claim or lawsuit as a result of wrongful death:
- Immediate family members
- i.e. spouse, biological children, adopted children
- Spouses/ life partners
- Distant family members
- i.e. siblings, grandparents
- Anyone who suffers financially as a result of the death.
- Parents of a deceased fetus.
What Is Wrongful Death?
Wrongful death is a death caused by another party’s actions or negligence.
This death can occur as a result of:
- Medical malpractice
- According to Dictionary.com medical negligence turns into medical malpractice when the doctor’s, or medical staff’s, negligence causes injury to the patient.
- Automobile accident
- Airplane accident
- Exposure to hazardous materials/ substances at one’s job
- Death during unsupervised activity
- Criminal actions/ behavior
When Can You File a Wrongful Death Claim?
It is important to remember that you may only have a certain amount of time to file a claim following the wrongful death of a spouse, family member, etc.
A statute of limitations exists to put time limits on when this type of lawsuit can be filed.
According to BusinessDictionary.com, a statute of limitations sets a time frame (limitations period) within which affected parties must take action to enforce their rights or to seek redress after a damage or injury.
Read more: http://www.businessdictionary.com/definition/statute-of-limitations.html
Waiting too long can result in it not being possible to file the claim at all.
Where Can You File a Wrongful Death Claim?
Source: https://www.chicagolawyer.com/
A wrongful death claim can be filed in all 50 states. However, as pointed out above, laws vary per state.
Why Should You File a Wrongful Death Claim?
A wrongful death claim/ lawsuit should be filed in the event that the wrongful death of someone causes financial hardship for others.
Who to Contact for More Information
Please do contact Green Broillet & Wheeler, LLP if you have any questions surrounding a potential wrongful death claim/ lawsuit after reading this article.
Even if you are not sure if your situation qualifies as wrongful death, it never hurts to ask.
Waiting too long to ask, if surpassing the statute of limitations, can prevent you from ever filing a suit at all. It is our goal to aid you in your time of grief.
Contact Us
At Awesome Jelly, it is our goal to have articles that prepare you for anything, from relationship advice, DIY projects, and even topics such as wrongful death.
It is our goal to produce articles that you can use to solve anything.
