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Lawsuit for Wrongful Death: Complete Guide

Img Source - Cook & Tolley

If someone else’s negligence caused you to lose a loved one, you might be entitled to compensation. Legal action for wrongful death must be brought to the county where the victim passed away. To pursue this legal action, you must hire an attorney to investigate the cause of death and work with experts to determine who was responsible. Once you have identified the responsible party, you must notify them of your suit.

Getting a Wrongful Death Lawyer

Choosing a lawyer to represent you is wise if you are considering bringing a wrongful death claim. Although the exact statutes governing wrongful death claims vary, many states recognize them as a viable option. A skilled lawyer like Las Vegas wrongful death attorney can investigate potential defendants and identify a possible case. Criminal death cases can be filed against individuals, corporations, or government employees.

When pursuing a wrongful death lawsuit, it is essential to know when the statute of limitations begins. States have different statutes of limitations, ranging from one to ten years. In some states, you can extend the statute of limitations for an additional two years, but in others, the time limit starts from the date of the victim’s death. Therefore, it will be challenging to obtain compensation if your case is not filed within that window.

Steps in Pursuing a Wrongful Death Lawsuit

If another person’s negligence resulted in the death of someone you loved, you might file a wrongful death claim. If so, you should act quickly to start the process. You must take action before the statute of limitations expires to preserve your claim and any recovery. Your state has strict deadlines for filing a wrongful death lawsuit.

First, you need to gather evidence. There are several different ways to collect evidence for a wrongful death lawsuit. For example, you can obtain a death certificate or an autopsy report to establish the cause of death. In addition, you can get a police report to verify the facts of the case.

Damages Awarded in a Wrongful Death Case

You may be entitled to financial damages if your loved one has died. Unfortunately, these types of injuries are not always easy to quantify, so you should have the assistance of a lawyer. Our Miami office can provide the legal help you need to bring a wrongful death lawsuit. However, you should know that the information on this website is not formal legal advice, and it does not create an attorney-client relationship.

Physical and emotional damages are the two main categories of compensation that may be granted in a wrongful death case (source). The first category is designed to compensate for the damages experienced by the deceased before death, and the second covers damages that occurred during the victim’s life until the end, says Apil. It’s important to note that the damages awarded in a wrongful death case often represent a small fraction of the overall compensation that may be awarded.

Filing a Wrongful Death Lawsuit

You can file a lawsuit against the party at fault if you lost a loved one to avoidable death and seek compensation. The process is similar to filing a personal injury lawsuit, except that you rub it on behalf of the deceased plaintiff’s family. In this type of lawsuit, the surviving family members would have suffered sufficient harm due to the plaintiff’s death to qualify for compensation.

Filing a wrongful death lawsuit requires careful consideration of all facts. To win, the plaintiff must establish beyond a reasonable doubt that the defendant was negligent and liable for the victim’s death. In civil lawsuits, the burden of proof is very different from the standard of evidence, even though they are frequently confused.

Statute of Limitations

The statute of limitations for filing a lawsuit in wrongful death claims is critical. Due to these circumstances, hiring an experienced criminal death attorney is essential to ensure your case is filed within the statute of limitations.

In many cases, the statute of limitations can be as short as two years. However, this may not always be the case, especially if you file a wrongful death lawsuit against a government entity. In this case, you must file a claim notice within 90 days of the incident.

Requirements to File a Wrongful Death lawsuit

Filing a wrongful death lawsuit (definition) requires that you meet specific requirements. Specifically, the decedent’s death must have been caused by a negligent act or illegal intent. The surviving family must also have suffered financial hardship due to the deceased’s death. Additionally, you must file your lawsuit within the statute of limitations in your state.

Most wrongful death lawsuits in Colorado must be filed within 180 days of the death. However, in cases involving government entities, the courts may extend this period if there is an ongoing criminal case against the defendant. If this is the case, you may have a two-year deadline once the criminal case is finished.

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