The loss of a loved one due to negligence, recklessness, or even intentional actions is devastating. In these situations, compensation for the loss can give needed support to a family and provide a sense of closure. Learning when you can file a wrongful death lawsuit and how to prepare the claim with the help of an attorney is crucial for a successful outcome.

Statute of Limitations for Wrongful Death Cases

Understanding the statute of limitations for a wrongful death claim is essential. These statutes vary from state to state, so understanding your own state’s policies is necessary. For some states, the time period can begin at the time of the individual’s death. In other states, it can begin when the person filing the claim learned of the cause of death.

You should seek legal counsel to determine if you have a case and if that case is within the statute of limitations. You may lose the opportunity to receive compensation if your wrongful death lawsuit is not filed within the allowed time period.

Circumstances for Filing a Wrongful Death Claim

There are a number of reasons to file a wrongful death lawsuit, but negligence, intentional actions, and defective products are common causes of wrongful deaths.

Negligent Incidents

Deaths due to car accidents, workplace conditions, and medical malpractice fall under negligence.

Intentional Actions

Wrongful death claims in which the loss of a loved one was due to deliberate actions involving conspiracy or violence can qualify for both civil and criminal cases.

Defective Products

Fatal injuries from broken products, failing machinery, bad medication, or other defective products could qualify as wrongful death lawsuits against distributors or manufacturers.

An experienced lawyer can help you understand the category of your wrongful death claim and assist you with filing requirements.

Filing a Wrongful Death Lawsuit

Consult with a skilled attorney if you are considering filing a wrongful death lawsuit. Your lawyer will assess the details of the case and gather the evidence needed to establish fault for the death. Evidence may include medical records, witness testimony, and company reports.

The evidence, list of damages, and the list of defendants are filed with the court in a wrongful death lawsuit. The information provided in the lawsuit is assessed during the discovery phase before the case can move forward to settlement or trial in court. A qualified legal professional can help you navigate this process.

Securing Damages for a Wrongful Death

Damages are financial compensation awarded to the deceased’s estate or family. Types of damages include:

• Funeral services
• Medical costs
• Lost income
• Distress and hardship

Damages may also include punitive damages, which are designed to punish negligent parties for particularly egregious or reckless behavior.

Contact an Attorney for Help With Filing Your Wrongful Death Claim

Losing a loved one due to someone else’s negligence, intentional harm, or defective products is life changing. A wrongful death lawsuit can secure financial support and justice for the deceased’s family or estate. However, quick action is needed when considering such a lawsuit during times of hardship.

A compassionate attorney at Lowenthal & Abrams, PC, can ease the burden of the lawsuit by helping you navigate the legal process and filing requirements. Reach out today to learn when you can file a wrongful death lawsuit and discuss your options for seeking compensation for your family.