A wrongful death case is typically brought by family members of the victim when they die because of negligence and carelessness of a third party. Wrongful death cases can vary drastically and may present different factors in a case. However, there are a few common questions that you may want to ask if you wish to pursue a case.
Who Can Bring the Lawsuit of Wrongful Death?
States have different statutes revolving around wrongful death cases, and they specify who may bring a case. Here are a few eligible categories of people who qualify to bring a wrongful death lawsuit:
- Surviving spouse or partner
- Surviving children if there is no spouse
- If no spouse or children, then the surviving parents
- If no surviving family, the estate collects everything.
How Long Can I Wait to File the Lawsuit?
The statute of limitations for wrongful death cases vary between states. Some limitations give you two years from the day of death to file a lawsuit. If you do not comply with the limitations of your state, then you will be barred from bringing another lawsuit in the future. You should become familiar with the statute in your state and be sure to file before time is up.
Another reason that waiting could harm your chances is that some evidence may not preserve well. Eye witnesses are already not considered the most reliable sources of evidence and as time passes, their memory can become confused. A family should contact a wrongful death attorney immediately to begin an investigation so they can gather and preserve evidence if possible.
What Do I Need to Prove in a Wrongful Death Case?
It can be complicated to prove circumstances of wrongful death. Insurance companies already don’t wish to compensate you and they will do whatever they can to discredit you to avoid a large payout.
- Your attorney must be able to prove that the death occurred directly because of a negligent act or failure to act.
- It must also be proven that there are surviving family that are allowed to seek lawful damages.
Difficult Cases Need Experienced Attorneys
Cases of wrongful death are not easy to win; they usually involve intensive processes and intense emotional turmoil. When considering pursuing damages, consider visiting an attorney for a consultation of your case. Thankfully, legal assistance not only provides you the best chance at winning damages, an attorney can also provide emotional support throughout the process by representing you while negotiating with insurance lawyers. If you seem to have a case, you should choose an experienced wrongful death lawyer Salt Lake City, UT residents trust to represent your family.
Thank you to our contributors at the law offices of Rasmussen & Miner for the above information.