Filing A Wrongful Death Claim: 3 Facts You Should Know
Do you believe that the negligence of another person or company is directly to blame for your loved one's premature death? If so, filing a wrongful death claim on behalf of your loved one may allow you to receive financial compensation for your loss. However, you should know that not all untimely deaths will result in a viable wrongful death claim. Taking the time to review the facts below can help you to determine whether or not the facts in your loved ones case will support a successful claim.
Fact #1: You Must Prove Legal Liability
There is never a good time to lose someone that you love. Consequently, it is not uncommon for people to feel as though their loved one was taken before their time. However, this feeling does not necessarily mean that your loved one's death qualifies as a wrongful death according to current laws.
In order to classify your loved one's death as a wrongful death, you will need to prove that someone is legally liable for causing their death. This means proving that an individual or company acted in a negligence or incompetent way and that these actions directly led to the premature death of your loved one.
Fact #2: The Law Limits Who Can File a Wrongful Death Claim
The law currently allows only one wrongful death claim to be filed in regards to a single death. Since it is quite common for more than one person to feel entitled to compensation in these cases, the law also dictates precisely who is allowed to file these claims. In most cases, the right to file a wrongful death claim will be reserved for immediate family members, such as a spouse or children. In the event that the deceased does not have any immediate family, the next of kin will be given the right to a file a claim.
Fact #3: Some People and Agencies Are Given Immunity
Not everyone can be sued for wrongful death, even if you are able to prove that their negligent actions resulted in your loved one's death. This is because the law provides immunity against these charges to very select groups of individuals. While immunity statutes will vary from state to state, this immunity is typically reserved for government agencies and their employees when acting in an official capacity.
In Conclusion
Pursuing a wrongful death claim can be a complex and stressful process. This is why it is always best to consult a qualified attorney before moving forward with your claim. To learn more visit, George T. Bochanis Law Offices.