6 Important Facts You Should Know About Wrongful Death Claims

A wrongful death claim is a type of civil lawsuit filed by the family members of an individual who has been killed due to the negligent or intentional act of another person or entity. People file wrongful death claims to receive financial compensation for the loss they have suffered through the wrongful death of their loved ones.

While it is true that wrongful death claims can be emotionally challenging to prosecute, it is essential for those who have lost someone to a fatal accident to understand the basics of these claims and how they work.

 

6 Important Facts You Should Know About Wrongful Death Claims

6 Facts About Wrongful Death

Although wrongful death claims can be emotionally challenging to deal with, they are essential for those who have lost a loved one. If you have been through the unfortunate experience of losing someone to a fatal accident, get a lawyer at KentuckyCourage to get the courage you need to fight for what is yours.

The lawyers will help you understand what types of damages you may be entitled to receive and which parties may be held liable for these damages. Here are four essential facts you should know about wrongful death claims:

1. Statute of Limitations

One of the first things you should know about wrongful death claims is that each state has its statute of limitations which defines how much time you have to file the claim.

Not only do these statutes define how much time you have before your right to file a claim expires, but they also help determine which parties can be held liable for damages in a wrongful death case. If you wait too long to file a claim, the statute of limitations may expire, and you could lose your right to obtain compensation for wrongful death.

2. Fault vs. No-Fault Divisions

A handful of states classify wrongful death claims according to whether or not they are fault-based or no-fault-based. In a no-fault state, you do not need to prove that the person or entity who caused the wrongful death was negligent in obtaining damages. In these states, you are entitled to compensation if your loved one died due to someone else’s actions, regardless of whether or not fault can be proven.

3. Parties That Can Be Held Liable for Damages

A third thing you should know about wrongful death claims is that, typically, only certain parties can be held liable for damages:

  • The at-fault party will always be held liable for your loved one’s death.
  • An employer may also be held responsible if the individual who caused the wrongful death acted within their employment scope.
  • A company that produced a defective product can also be held liable for your loved one’s death if their injuries resulted from a malfunction with this product.

4. Common Types of Wrongful Death Claims

It would help if you also understood that there are several different types of wrongful death claims that you may encounter while filing the claim. For example, a survival action is filed by the family members of an individual who was killed due to someone else’s actions but not until after this individual has died.

Another type of wrongful death claim is a direct action filed by the family members against someone who has been criminally convicted for their unlawful actions, which resulted in a loved one’s death.

 

6 Important Facts You Should Know About Wrongful Death Claims

5. Understanding the Process of Filing a Claim

If you have lost a loved one due to someone else’s actions, it is essential to understand the process you must undergo to file your wrongful death claim. For starters, you should contact an attorney who specializes in this type of case and allow them to represent you throughout the process.

Additionally, working with an attorney who specializes in this particular case can help you easily navigate the legal process. However, that’s not all how a personal attorney is going to help you; for more click here and find out everything you need to know.

Second, contact your state’s wrongful death claimant’s compensation fund to obtain information about how much you must deposit to reserve your right to file a claim. Collect any necessary evidence that will support your claim, and be prepared for what can be an emotionally painful process.

6. The Kind of Compensation Expected to Receive

Finally, it would help if you understood that the amount of compensation you will receive in a wrongful death claim depends on several factors. For example, the type and severity of your loved one’s injuries will usually determine how much compensation can be awarded. Additionally, if your loved one had any heirs, their lost income and medical bills may be used in determining what the family is entitled to receive.

By understanding these facts about wrongful death claims, you will be better equipped to handle the unfortunate circumstances of losing a loved one to a fatal accident. Besides, seeking the help of an experienced wrongful death attorney is essential when you are filing a civil lawsuit.

Your lawyer’s experience and knowledge with this type of claim will allow you to obtain the compensation that your family is entitled to receive for all of the losses they have suffered due to someone else’s negligent or intentional act.

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