Losing an immediate family member, whether it's a spouse or child, is traumatic. When you want to receive compensation through the legal system, know about the legal rules and restrictions that you face. The state laws differ in regards to how the claim is handled, too. Learn more about the recommended steps needed to file a wrongful death claim.
Review the Statute of Limitations
There are many claims that must be filed within a certain span of time. File a wrongful death claim as soon as possible and know that the average statute is two years. In some jurisdictions, the deadline may be one year or less than two years. A lawyer will go into further explanation about the limitations.
Prove a Breach of Duty of Care
If a wrongful death occurred at the hands of a doctor or nurse, it must be proven that this provider breached their duty of care. In case of a car accident, the injured person must prove that the reckless driver breached his or her duty to drive safely. A wrongful death lawyer helps you decide if this professional's negligence contributed to the death and to what extent.
Know the State's Laws
Every state has different laws regarding the process of identifying and providing compensation for wrongful deaths. An experienced wrongful death attorney understands the laws in your state and the extent to which you can receive justice. Some states are more stringent than others when it comes to qualifying for a claim or filing by a certain deadline.
Have Ensuing Financial Problems
You must have mounting financial problems as a result of this wrongful death if you want to receive compensation for your claim. You or at least one member of your family must have suffered by losing some portion of an income, losing an inheritance, developing a mental condition that requires treatment or having to arrange for a funeral or cremation.
After a wrongful death occurs, the grieving period follows. That does not mean that you should stop fighting for justice for your lost loved one. Contact a lawyer immediately to guide you through the process of filing a wrongful death claim. You may or may qualify based on the circumstances surrounding the death. Collect your evidence quickly, review the laws in your state and work closely with an experienced lawyer to get the financial compensation you deserve.