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Important points to remember about a wrongful death claim

| Aug 21, 2020 | Wrongful Death |

The loss of a loved one in a tragic accident can make it difficult to move forward and enjoy your life. Not only do you have to think about the emotional toll that this takes, but you may also have to deal with a financial impact. While it isn’t going to bring your loved one back to you, filing a claim for compensation via a wrongful death lawsuit might help you to handle the financial burden and allow you to focus on healing after the death.

When you opt to pursue a wrongful death claim, you must ensure that the case has specific elements. The claim won’t likely be successful if any of these are missing. There are four that must be present:

  • Your loved one must have been a person.
  • The death must have been caused by either a purposeful act or negligence of another person.
  • You must have suffered monetary losses because of the death.
  • Your loved one’s estate must have a personal representative or administrator.

Your attorney can help you ensure that those four points are included in the case. These matters can often take time to put together, so you should get the process started quickly. There’s a chance that you won’t be able to get it all together before the time limit for getting it filed expires.

All cases like this have a statute of limitations, so if that expires you’ll be unable to take legal action. Ideally, you’ll contact your attorney swiftly after your loved one passes away, so you won’t have to worry about the building and preparation phase of your case being rushed.