When you’ve lost a loved one due to either the negligence or intentional actions of another, it can be hard to move on with your life. In addition to dealing with your grief, you may have to find a way to support your family if the departed was your family’s financial provider. Dire circumstances like these are the reason that many families choose to file wrongful death claims.
If you’re considering filing a wrongful death claim after the death of a loved one, then it’s important that you examine who is allowed to file these claims and under what circumstances. Learn about the rules for filing a wrongful death claim and how you can benefit from legal advice from a wrongful death attorney following the untimely death of your loved one.
Who is Eligible to File?
As with much of the country’s legal code, whether or not you are eligible to file a wrongful death lawsuit rests largely on the state in which you live in. If you’re considering filing a wrongful death suit, the first thing you should do is to examine the laws in your specific state. However, there are some general guidelines that hold true in most cases.
First, most states allow for immediate family members to file claims. Secondly, if the deceased was married, the surviving spouse generally takes precedence in terms of filing a claim. In some cases, a deceased person’s adult children can file a wrongful death claim. Finally, the parents of a departed minor child are eligible to bring a wrongful death suit.
Cases Involving a Will
A complicating factor in wrongful death cases is whether or not the departed possessed a legal will. In most states, if a will exists the court will appoint an executor or representative to address the interests of the departed. While this can sometimes be a family member, it is usually a lawyer of some sort.
In wrongful death cases with a will, it is the executor of the will who will file a wrongful death claim on behalf of the deceased and the remaining family. Determining whether or not your departed loved one possessed a will is a good way to simplify the process of filing a wrongful death suit.
The Timeframe for Filing
Finally, when considering filing a wrongful death claim it’s important that you understand that there is usually a time limit for how long you have to file. While this can vary from state to state, the typical statute of limitations for filing a claim is one year from the time of death. The only exception is in wrongful death claims involving the government, which can have a statute of limitations of as little as 90 days. If you want to get the compensation you deserve and to make sure that your departed loved one gets justice, make sure to file your claim in the proper time frame.
File a Wrongful Death Claim with Legal Help
Going through the untimely loss of a loved one can be one of the most trying times in a person’s life, especially if you don’t have anyone on your side. To fight for your loved one’s memory and the compensation you need to move on with your life, you should file a wrongful death claim with the help of Braker White. Filing a wrongful death claim with our help and guidance means peace of mind and increasing your chances of getting the settlement you and your departed loved one deserve. Discuss your case with us today and find out how we can help you.
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