If a loved one has died due to another person’s negligence, you may be wondering what your next step should be. Filing a wrongful death claim in court is often the best way to recover damages for the death of your loved ones. Here are things you need to know about filing one.
What Is a Wrongful Death Claim?
This is a civil action filed by the surviving family members of someone who has died due to another person’s negligence. To win this claim, the complainant must prove that the defendant’s negligence caused the death and that the complainant has suffered financial damages due to the death. If successful, the court may award damages to the complainant for funeral and burial expenses, loss of income, pain, suffering, and more.
Does Filing A Wrongful Death Claim Has A Time Limit?
There is a time limit if you want to file a wrongful death claim. The statute of limitations for filing a wrongful death claim is 2 years from the date of death, but there are some exceptions to this rule. If the cause of death was not immediately apparent, or if the person died as a result of their injuries after a period of time, the statute of limitations may be extended.
How Do You File A Claim?
You must take the following steps to file a wrongful death claim.
- Determine who is eligible to file the claim. In most cases, this will be the surviving children or spouse. However, other close relatives can also file a claim.
- Collect evidence to support your claim. This may include medical records, police reports, and eyewitness testimonies.
- Work with a lawyer to help you navigate the legal process.
- File your claim in court to pursue damages.
- Prove your case in court.