The death of your loved one can be a devastating experience, especially if you were dependent on them for living. If the death was caused by another person’s fault, then you have the right to file a claim in the court for getting compensation for the damages caused by the death of your loved one.
However, there are certain challenges associated with raising a wrongful death lawsuit in court. You should be aware of them when bringing a claim. The following are some common challenges that you should know before filing a claim.
Who Can Bring A Wrongful Death Lawsuit?
Every state has specific rules and laws that deal with wrongful death claims. These laws specify who is allowed to raise a wrongful death claim. The following categories of people might have the right to file a claim in most circumstances:
- The surviving spouse
- The children of the deceased
- The parents of the deceased
- The estate of the deceased
If you want to file a wrongful death lawsuit for the death of your loved one, and is confused about the eligibility, then it is better to consult wrongful death lawyers for knowing whether you are allowed to file the claim based on the laws existing in your state. A wrongful death attorney will have good knowledge of the rules and regulations existing in your state regarding bringing a lawsuit in case of wrongful death cases.
When To File The Lawsuit
Each state has a statute of limitations that set a time limit for filing the claim. In most cases, the lawsuit should be filed within one or two years of death. If you fail to bring a claim within this time limit, you will be barred from proceeding the case further. There can be some exceptions to this rule in certain circumstances.
It is better to consult wrongful death lawyers as soon as possible for filing the claim within the specified time limit.
Preserving The Death Case
It is better to bring the lawsuit as soon as possible, as the evidence might disappear as time passes. The memories of witnesses might get fuzzy or they might disappear. Hence, do not wait for two years to file the claim. Contact the attorney as early as possible for raising a claim.
There are different challenges associated with filing a lawsuit in wrongful death cases. Each country has certain rules and regulations that state who can file the claim and the time limit for bringing the lawsuit. Hence, you should hire a lawyer in the early stages so that it will be possible for you to get the maximum compensation.