Losing someone close to you will be extremely devastating and saddening. However, things will be worse if the death is caused by the negligence of others. In this case, you may experience an over bust of anger, frustration, emotional stress, grief, etc. However, you can hold the person responsible for the death of your loved one by filing a wrongful death lawsuit. The defendant will be entitled to provide financial coverage for all your loss associated with the death of the victim. Even though it cannot bring back your loved one, it can ease your financial burden post the death of your family member. Most people may now mull over tons of doubts regarding the wrongful death suit and associated factors. Some of the frequently asked questions about wrongful death lawsuit are listed below.
Who can file a wrongful death lawsuit?
Usually, the immediate family members of the deceased such as the spouse, parents, children, etc., can file a wrongful death lawsuit and claim for their damages. In case the deceased does not have any of these relations, the person in his/her family such as his niece, nephew, etc., who are next in line to own the victim’s assets can file the wrongful death case.
What are the damages that can be covered using a wrongful death claim?
The damages in different cases may vary according to the types of death. A well-versed death accident attorney will be able to figure out the damages easily and proceed with things. However, some of the common damages that are considered in the wrongful death cases to determine the compensation amount are listed below.
- Funeral expenses
- Loss of support
- Loss of income
- Loss of prospective inheritance
- Emotional pain and suffering
- Loss of companionship
Is there any time limit to file a wrongful death accident claim?
Yes, there are time limits to file a wrongful death accident lawsuit. According to the statute of limitations in California, the family members of the deceased must file the lawsuit within two years from the date of the incident. Otherwise, the case will be eternally barred from bringing to the court and the family members will never get the monetary compensation that they are entitled to. Plus, they will not be able to hold the person responsible for their loss.
Can you settle wrongful death cases out of court?
Yes, you can settle the case out of court. However, this happens very rarely since the family members of the deceased will not only be interested in obtaining financial coverage but also to legally punish the person responsible for their loss. Needless to mention, the latter will never be possible without going to trials. However, if a person is not interested in dragging a wrongful death case to the court, he/she can hire any of the best wrongful death lawyers to do the litigations with the opposite party and obtain the maximum compensation that they are entitled to.