3 Issues That Might Harm A Wrongful Death Claim
For a wrongful death attorney, one of the biggest concerns they have to address with each case they take on is avoiding harming the claim. Some basic problems can do serious damage to a case or even lead to the claim being rejected. Clients and lawyers need to pay close attention to these three possible issues.
The Statute of Limitations
Wrongful death cases are functionally injury claims, except the party filing the claim is a survivor of the injured person rather than the individual. This occurs for fairly grim and obvious reasons, but the consequence is that the statute of limitations may prevent you from bringing a case if you don't file soon enough. Most states have limitations of between two and three years from the time of an incident, but there are often exceptions for things like exposure to chemicals. It's wise to meet with a wrongful death lawyer as soon as possible to learn what filing deadlines you might be up against.
Legal Standing
In American law, only certain parties can bring claims and lawsuits. This notion is referred to as standing.
Wrongful death laws, in particular, tend to have narrow definitions of standing. The only people who are guaranteed to have standing are surviving spouses. Most dependent children will also have standing, and a dependent adult from the deceased's household might, too. Parents of a deceased minor usually have standing, too.
After those groups, the chances of someone having standing drop like a rock. Siblings, parents of deceased adults, and similar relations will not have standing unless they are the closest living relatives of the decedent. A court might humor a case involving loco parentis, but this is where scrutiny starts getting strict.
Other parties, such as business partners, friends, and unmarried romantic partners will have no luck. If you were in such a position and faced potential hardships at the loss of a person, you should have bought a life insurance policy.
Flawed Legal Logic
Buggy legal logic to justify a claim can also be very problematic. For example, did the alleged at-fault party have a recognized legal duty to prevent harm from coming to the deceased? Was the defendant the most proximate cause of the death? Did the deceased's actions contribute to the outcome? A wrongful death attorney needs to be able to clearly outline the logic of a claim before moving ahead with it.
For more information on pursuing a wrongful death claim, meet with a wrongful death attorney in your area.