It can seem doubly unfair that you could lose a loved one as a result of someone else’s negligent driving, and then face hardship and financial deprivation because there is no longer an income coming in.
All states make provision for wrongful death claims. These are civil claims pursued by dependent family members of the deceased for compensation as a result of a wrongful death. There are many rules concerning these sorts of claims.
For a start, there is a strict time limit within which the claim must be submitted. This can be hard to satisfy in some cases as the natural grieving process can make it difficult to confront the prospect of taking legal action. It is best to get advice and legal help from an experienced wrongful death lawyer before submitting a claim.
Who is Allowed to be a Beneficiary of a Wrongful Death Claim?
There are strict rules about who can make a wrongful death claim after someone has died through no fault of their own. Wrongful death claims are not intended to allow people to profit from someone else’s death. Primarily they are designed to help those who were dependent on the deceased financially, and may be suffering both financially and emotionally as a result of the loss.
Each state sets out a hierarchy of potential beneficiaries who are allowed to file a wrongful death claim. States may differ a little, but most give preference to the surviving spouse and dependent children. If there is no spouse, then the dependent children come next, followed in descending order of priority by dependent parents and any other dependents, such as adopted children.
How Long Do You Have to Submit a Claim?
Each state has what are called statutes of limitations which limit the time allowed before a claim is no longer possible in the civil court. These time limits vary a little from state to state, but are longer for claims against private individuals, organizations or businesses than they are for claims against government agencies.
For example, one state may allow three years after a death for a wrongful death claim to be filed as long as the claim is made against a particular individual driver. If the driver who is alleged to be the at-fault party works for a government agency, whether it is a city, state or federal agency, then the time limit may be as little as 6 months after the accident.
These statutes of limitations are particularly important for wrongful death claims because it can take grieving relatives quite a long time before they start thinking of seeking compensation through a claim. You can see that with the very short time frame allowed for claims against a government entity, a bereaved family member can easily lose the chance to file a claim.
How Can a Lawyer Help you With an Auto Accident Wrongful Death Claim?
Thinking about making a wrongful death claim after the death of a loved one is not usually something that comes naturally. Most bereaved family members will find the amount of preparation needed and attention to detail just too difficult to deal with when there are often more pressing needs to deal with.
This is where an experienced wrongful death lawyer can make a difference. The lawyer can advise the family whether a claim is likely to succeed, explain the importance of things like statutes of limitation and help prepare a detailed claim. To find an experienced lawyer in your area, fill out the Free Case Evaluation Form.
