If your loved one has passed away because of another person’s negligence, you can file a wrongful death lawsuit to get justice. That means filing a wrongful death claim against the party at fault. A wrongful death claim exists if a person dies due to the fault of another one. Each state has statutory laws surrounding such claims that dictate when such a claim can be brought up and the kind of damages you can recover. You can file a wrongful claim from various personal injury situations like medical malpractice, car accident, product liability, etc. Your claim is eligible if the death of your loved one was a result of the intentional negligence of another person. This article will discuss several questions to help you understand more about wrongful death claims.
Who Should File a Wrongful Death Claim?
Depending on your state, several people can file the claim. These are the survivors of the deceased or an estate representative who was left on behalf of the survivors. Here are people who may bring this kind of claim.
- Immediate family members
- Distant family members
- Spouses or life partners
- Parents of a dead fetus
Do You Need a Lawyer When Filing a Wrongful Death Claim?
If you think your loved one’s death resulted from another person’s fault, you may want to take legal action against the person at fault. It is best to choose a professional from Rock Hill, SC personal injury lawyers to evaluate the case and explain the available options. Wrongful death claims are complex, and proving fault requires a lot of resources and knowledge of the law. Therefore, getting an attorney with sufficient experience handling wrongful death cases is your bet to winning against the defendant and getting compensation.
Is There a Moderate Settlement?
There is no cap on the compensation you can get for the claim. It depends on the state laws and the circumstances surrounding the case. That means several factors weigh the value of your wrongful death claim.
Who Can You Sue for Wrongful Death?
You can sue several people for the wrongful death of your loved one. Such people include:
- The driver or employer of the car at fault in a car accident
- The builder of the building
- A government worker who did not provide enough warning of a hazard on the road and causing the accident
- The manufacturer of the faulty car part that caused the accident
- The alcohol seller who sold liquor to the driver is at fault
How Do You Know the Worth of Your Wrongful Death Claim?
As mentioned, the value of wrongful death claims depends on various factors:
- The age and income of the deceased
- Nature of the relationship of the plaintiff with the deceased
- The state laws surrounding wrongful death claims
- The life expectancy of the deceased
Learning about the damages you can recover in a wrongful death claim is important.
Get Help with Your Wrongful Death Claim
We hope these questions and answers have helped you understand more about wrongful death claims and their implications. If you think you have a case against a negligent person who caused the death of your loved one, consider working with an experienced personal injury attorney to build a case and ensure you get compensation.