Out of all the tragedies you can experience in your life, probably the most affecting is losing your loved one in a preventable accident. If your loved one has been killed due to the fault of another, it can seem an almost impossible situation. After a wrongful death, many family members choose to file a wrongful death suit for financial compensation and emotional closure.
Filing a wrongful death suit is not a decision made lightly, making it important that you learn exactly what is involved in these type of cases. Discover who is eligible to file a wrongful death claim after the untimely death of a loved and why you may need legal representation.
How Location Affects Your Claim
The biggest determiner of who will be allowed to file a wrongful death claim is what state you are located in. Every state has their own specific rules for who can file a wrongful death claim, which means you should examine your state’s rules closely before you make any legal decisions.
In most cases, there is something of a hierarchy when it comes to filing a wrongful death suit. A surviving spouse is usually the first party that can file a claim. Following that, the adult children of the deceased can file suit. Finally, parents may file a wrongful death claim in cases involving their children if they are either unmarried or minors.
Understanding your state’s rules at the outset will make the process of filing a wrongful death claim much easier.
Can a Will Impact My Right to File?
Another issue that can affect your ability to file a wrongful death suit is the existence of a will. If your loved one has had a will written, then a court will usually name an executor of your loved one’s estate, which can be you or, more typically, an attorney.
Whomever is named the executor of the will or is appointed to represent your loved one’s interests will be able to file a wrongful death suit on you or the deceased’s behalf.
Finding out whether or not your loved one left behind a will should be one of your first steps in trying to decide whether or not to file a wrongful death claim.
Filing Your Claim On Time
Lastly, as with many other types of lawsuits, wrongful death claims have a statute of limitations for how long you have to file. Typically, the statute of limitations expires a year after your loved one’s death. However, if your wrongful death case involves the government in any way, the filing period is considerably shorter, usually ninety days from the time of death.
Make sure to file your case on time so that you don’t miss out on the compensation that you need to move on from the untimely death of your loved one.
Get Legal Help with Your Wrongful Death Claim
After your loved one has been killed due to the negligence of another, you will find yourself in a very difficult situation, particularly if the departed was the earner in your family. To ensure that your loved one gets the justice they deserve, you should team with Mitch Grissim & Associates to file a wrongful death claim.
We have plenty of experience handling wrongful death claims and can handle your case the way that you deserve. Schedule a visit with us today to start fighting for your rightful compensation.