In the eyes of the law, ignorance excuses no one. Thus, it is more than a prerogative to know the general truth about some claims in order not to sleep on our rights. One of the most prevalent claims is the wrongful death. Moreover, we have to be acquainted with this claim to help us out in the future if wrongful death has occurred.
A wrongful death is a lawsuit which alleges that a person has died due to deliberate and negligent acts of the defendant. Thus the surviving dependents or beneficiaries of the decedent are entitled to compensation. In connection to wrongful death, every statute is unique though they may follow some general principles.
Generally, the immediate family members like the spouse, parents and children, provided they are of major age and capacitated to do so, are the ones entitled to institute a claim. There are instances when the guardian ad litem is also allowed. This happens when the surviving beneficiaries are less than 18 years of age. Other statutes also allow grandparents, legal dependents and the extended family to do the same.
Another crucial point to remember is the period to file the claim. It must be within the ‘statute of limitation’ enforceable in the land. The claim may be denied if it was done after the statute of limitation has run.
When you find it too hard to institute this claim, you can acquire the services of an experienced wrongful death lawyer. To search for a competent and reputable lawyer, you can start by choosing the practice area and location. You can also rely on the testimonials of satisfied clients. A skilled wrongful death lawyer, with the use of his knowledge and skill can guarantee that the decedent’s family’s emotional distress will not be bumped up with financial constraint. In every wrongful death claim there are liabilities and damages. Liabilities involve proving the responsibility of the defendant over said death and other injuries. Damages, on the other hand, refer to the amount or extent of injury or loss which resulted from the defendant’s negligence. These aspects should be well taken care of because at the very onset, these are the reasons why you file a wrongful death claim. The award will not serve as payment for the death but the compensation for the loss of earnings in the family and the financial stress that resulted thereafter.
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