Four Considerations To Be Aware Of If You're Involved In A Wrongful Death Lawsuit
If you've recently lost a loved one and are considering a wrongful death lawsuit as a result, you may feel overwhelmed and uncertain of how to proceed. To get started, you need to educate yourself about how wrongful death lawsuits work and what considerations need to be taken into account.
The following are four of the most important considerations to be aware of if you're involved in a wrongful death lawsuit.
Determining who is eligible to file suit
Only individuals with certain relationships to the deceased are eligible to file wrongful death lawsuits. If you are a surviving spouse of the deceased, you are eligible to file a wrongful death lawsuit. Also, you are eligible to file a suit if you are a child of the deceased.
In the event that a deceased individual has no spouse or children, their surviving parents can file a wrongful death lawsuit.
Knowing what the statute of limitations is
Wrongful death lawsuits can only be filed for a certain period of time after an individual dies. This time period — known as the statute of limitations — varies by state.
Two years is a fairly common statute of limitations on these cases for many states, including Florida and California. However, you need to do some research to find the exact statute of limitations time length for your state.
Considering which types of claim can be filed
There are several different types of claim that can be included in a wrongful death lawsuit. The two major types to consider are loss of dependency and bereavement claims.
You can file a loss of dependency claim if you were financially dependent on the deceased individual. A bereavement claim seeks financial compensation for the suffering and sadness that resulted from a wrongful death.
Bereavement claims are typically divided equally among surviving family members while loss of dependency claims are paid out depending on the financial dependence of the recipients.
Choosing the right wrongful death lawyer
Probably the most important consideration in any wrongful death lawsuit is choosing the right lawyer. Successfully filing and defending a wrongful death lawsuit takes experience and expertise. That's why it's so important to do your research and find the right lawyer.
A wrongful death lawyer will help you with a wide variety of tasks throughout your case. These include explaining legal procedures to you, assisting you with the collection of evidence, filing all necessary paperwork, and developing your court case to maximize your chance of winning.
For more information, contact a wrongful death lawyer today.