A Comprehensive Guide to Wrongful Death Claims

Did you know there's a specific process for filing a wrongful death claim? Although this time is incredibly difficult for any loved ones left behind, they need to understand the process and know what to do to secure justice.

This blog outlines a few crucial things –– from the basics of what qualifies as a wrongful death to the necessary steps when you want to file a claim. So if you're on the hunt for information on how to get started with the process, read on.

What Qualifies As a Wrongful Death Claim?

You first need to understand how a wrongful death claim works to know what qualifies. For the death of a loved one to be liable for compensation, their demise must be the result of someone else's negligence or misconduct.

This negligence could be anything from a car accident by a drunk driver to something as simple as a slip and fall in a grocery store due to slippery floors. In short, a wrongful death is any death that was preventable had the responsible party acted responsibly.

In addition, a lawyer has to prove that the death resulted in financial damages to the victim's loved ones. The attorney could argue that the victim's family had to cover funeral costs to lay their loved one to rest. The lawyer also has to show that the victim's loved ones lost out on the financial support they would have otherwise received if the victim were still alive.

Lastly, the lawyer has to show that the victim's immediate loved ones suffered from emotional distress as a result of the death. The distress could manifest in a few ways, such as anxiety, depression, or even post-traumatic stress disorder.

You might experience a few significant challenges when you want to prove these types of damages to a jury. For this reason, you need to work with a qualified wrongful death lawyer. An experienced attorney will first review the circumstances of the death and advise you on whether you actually have a case.

The lawyer collects evidence through things like police reports, eyewitness testimony, or video footage to help build your case. They also know how to calculate the financial damages the victim's loved ones suffered and build a strong case for hard-to-prove aspects like emotional damages.

Things to Keep in Mind When You File a Claim

A wrongful death claim can be a long and complicated process. So here are a few things to keep in mind as you move forward.

The Statute of Limitations

There is a statute of limitations in place for all wrongful death claims. The statute of limitations is the amount of time you have to file a claim after the death of your loved one.

This time frame is different in every state. So, first check in with a lawyer in your state to see how much time you have. In Florida, for instance, the statute of limitations is two years from the date of death. If you don't file a claim within this time, you give up your right to file a claim.

Two years might seem like a lot of time, but you should make sure you start the process as soon as possible. The sooner you start, the easier your lawyer can gather evidence and build a strong case.

The Discovery Rule

The discovery rule generally applies to cases of wrongful death, where the deceased's family may not be aware of the death until some time passes.

As mentioned earlier, the family has a certain amount of time to file a claim. However, if the family can show that they could not have reasonably discovered the death within that time frame, they can legally extend the deadline.

The discovery rule exists to prevent wrongdoers from getting away with their crimes simply because the deceased's family didn't find out in time. An experienced attorney can help you navigate the complex legal landscape if you find yourself in this situation.

Claim Eligibility

Although not many people understand this part, not everyone is fit to file a wrongful death claim. As such, the interested parties need to know who can file the claim because the statute of limitations kicks in as soon as the death occurs.

In most cases, the victim's spouse or children have a right to file the claim. If the victim was not married and didn't have any children, their parents or siblings can file the claim. Any other people might not be eligible to file a claim or benefit from compensation.

If you have lost a loved one due to someone else's negligence, you might be entitled to compensation through a wrongful death claim. Contact experienced wrongful death experts like Jeeves Law Group, P.A. today to discuss your case and see what options are available to you.

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