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3 Facts You Need To Know Before Filing A Wrongful Death Claim

26 March 2015 by Franklin Vasquez

The death of a loved one is always a tragic event. However, in some cases, the death of loved one will not only be a tragedy, but an actionable event that can result in a wrongful death claim. The difference is, while most deaths cannot be avoided, wrongful deaths could have easily been avoided if not for the negligent or incompetent actions of a specific individual or company.

If you believe that the recent loss of a loved one may qualify as a wrongful death, here are a few facts that you should know before deciding whether or not to file a legal claim:

Wrongful Death Cases Can Be Time Consuming

Proving negligence, determining a fair rate of compensation, and establishing who is entitled to compensation can take several months or longer when pursuing a wrongful death claim. During this time, you may be called upon to meet with wrongful death attorneys, give depositions, and appear in court. In order to ultimately achieve success in your case, you will need to be committed to this process regardless of how time consuming it may become. Thankfully, retaining the services of a qualified attorney can help to relieve much of the burden that comes along with choosing to file this type of claim.

While Only One Person Is Allowed To File, Multiple Family Members May Be Entitled To Compensation

The law currently only allows the next or kin or an estate representative to file a wrongful death claim on behalf of the deceased's estate. However, this does not mean that all proceeds resulting from the case will go to the individual who files the case.

In fact, in most wrongful death cases, proceeds will be split among many different family members in order to compensate them for their loss.

For example, if your loved one left behind a spouse and three adult children, only their spouse would be allowed to file a wrongful death claim with the court. However, any compensation that was awarded in this case will be split among both their spouse and their adult children.

This fact should be kept in mind when determining the full monetary value of your claim.

There Is Never Any Reason To Go Without Legal Representation When Filing A Wrongful Death Claim

People often feel as though they cannot afford an attorney due to their limited financial resources. However, this is never the case when filing a wrongful death claim. This is because unlike general attorneys who typically require an upfront retainer fee or charge a standard hourly rate, wrongful death attorneys will often work on a contingency basis.

This means that they never charge an upfront fee and that they only way they get paid is if they successfully settle your claim. Therefore, there really is no reason for you to face this type of complex legal process without the representation that you need.

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