If you have suffered a loss amongst your family recently when someone died after an auto accident, you may be asking why it happened after a period of grief. If your loved one was killed because of someone else’s negligence, you may be able to file a wrongful death claim against the at-fault driver to recover compensation for your loss.
Wrongful death claims are intended to help dependents of the deceased cope with financial loss as well as act as a social deterrent against other drivers. You will need help from a wrongful death attorney to ensure your claim succeeds.
Who is a Wrongful Death Claim Intended For?
Not so long ago, it would have been impossible to file a wrongful death claim if a close family member died through negligence. The fact that the victim actually died once meant that a claim for compensation could be possible. This changed when it was recognized that there were often dependents of the victim who were affected in many ways by the loss of their relative.
It became standard to recognize that a wrongful death claim compensated those who had lost out financially as well as emotionally and psychologically because of someone else’s poor decisions. In most states, there is a strict hierarchy of relatives of the deceased who are allowed to gain from a wrongful death claim.
For example, any surviving spouse is more eligible to claim than siblings or parents. For the exact state rules for wrongful death claimants you will need to discuss the accident and death with a wrongful death attorney.
How Long Does a Wrongful Death Claim Take?
There is no hard and fast rule about how long it will take for a wrongful death claim. They may take several months and could take years to finally be settled in favor of the claimants.
Each wrongful death case is unique. Like any personal injury case there must be proof that the relative died ‘wrongfully,’ i.e. because of someone else’s negligence. Without sufficient proof that negligence caused the death of the relative, the claim may never be upheld, or it could extend the time significantly.
There is an upper limit on filing a wrongful death claim, which is the state’s statute of limitations. This doesn’t affect how long it takes to reach a satisfactory settlement after filing the claim, but it does set a time limit on filing a claim to begin with.
This varies from state to state and also depends on whether the defendant in the claim is a private entity or a government agency. In most states, two to three years would be the norm for wrongful death claim statutes of limitations when the defendant is non-government. This may be reduced to 6 months if the claim is against a government agency.
Why You Should Get Help From a Personal Injury Lawyer
It’s hard enough coping with the tragic loss of a close relative and wondering how you are going to cope with paying the bills. Thinking about filing a wrongful death claim to compensate your loss can seem just too hard.
A wrongful death attorney can help you with your claim and negotiate a fair payment with the at-fault party’s insurer. By completing the Free Case Evaluation on this page, you will be connected with a lawyer who will be able to assist you with filing your wrongful death claim.
