Wrongful death claims are legal actions that are pursued in cases where one person dies through the negligence or intention of another. Such assertions enable the family of the deceased or the estate to ask for compensation. If you are in a difficult position to know how to deal with the wrong death claim, here is the complete guide for your assistance.
Understanding Wrongful Death
When one dies due to the unlawful act of another person or due to the negligence of the latter, then this is referred to as wrongful death. They are often observed in car accidents, medical negligence, work injuries, and faulty good production. This is because the fundamental component in such prosecutions is to demonstrate that a death was occasioned by the further of another individual.
Who Can File a Wrongful Death Claim?
Family members usually have the right to file for wrongful death in Missouri, although other specific kinship could also be allowed sometimes. This includes the spouse of the deceased person, or children or parents of the deceased person. In case none of the above relatives is within reach, then a representative of the deceased, such as the executor of the estate, can fill the claim in the name of the estate.
The Statute of Limitations
One should pay attention to the provisions regarding the limitation period of the wrongful death lawsuit. In Missouri, an individual has up to three years, starting from the date of the incident, in which he or she can file for a claim. This exposes the client to the risk of missing the legal framework that provides him/her with the right to claim for compensation.
Proving Negligence in a Wrongful Death Claim
Before a victim can bring either of the two claims, they have to demonstrate that the defendant’s breach of the duty of care or intent led to the death of the person. This involves demonstrating four key elements: It is proving that the defendant had a legal obligation or duty of care towards the deceased and that the defendant violated this duty through commission or omission, proving that the violation of the said legal duty led to death, and proving that the death has and continues to occasion monetary loss particularly in terms of burial expenses, loss of potential earnings and other incidental associated costs.
Gathering Evidence
Proof is vital in wrongful death legal actions. This comprised of patients’ history, records of an accident, statements of eyewitness and even medical experts. The stronger the evidence you have collected then the more strength the case will hold. It is also worthy to note that an experienced personal injury attorney in panama city can assist in collection and presentation of this evidence.
Types of Compensation
In a wrongful death claim, compensation is divided into two categories: I understand that they are correctly classified into economic and non-economic damages. Economic losses, on the other hand, are assignable losses for actual cash and its equivalent, which could include, medical expenses funeral costs, or loss of wages to mention but a few. Punitive damages refer to the compensation awarded to the plaintiff for subjective, non-pecuniary hardships they may have undergone through.
Filing the Claim
The stages involved in the filing of this wrongful death claim are as follows. First of all, it is possible to say that an attorney, who has experience in wrongful death cases, should be hired. They can take you through the legal system, assist in getting evidence and can defend your case in court for you. This is something your attorney will do for you, to ensure that you have the best case built for you. The claim can only be made in the correct court, and it has to be made well within the time specified in the statute of limitations. Wrongful death compensation is usually based on settlement because most of the cases do not proceed to trial. Your attorney will therefore engage with the defendant’s insurance provider in a bid to get a reasonable compensation.
The Role of an Attorney
Handling a wrongful death claim is stressful, especially when managing the mental aspect of it by losing a dear one. An attorney with significant wrongful death cases on his or her portfolio can prove to be of great help in this case. They can inform you about your rights and possible actions and even suggest what to do. Through an attorney’s services legal documents will be properly filled and filed in the right manner and within the right legal time frame. If the case goes to trial your attorney appears in court for you, performs struggle of proof and argues on your behalf. They often attempt to talk to the insurance company for their client and come to an agreement on the compensation without going to trial.
Conclusion
Filing a wrongful death claim is as delicate as it is difficult and since emotions run high in such cases. By knowing what needs to be done, and having the correct legal assistance it can greatly impact a positive outcome. If you think you have a wrongful death case, call Dixon Injury Law to come discuss now. Hiring experienced attorneys is beneficial when it comes to filing a lawsuit and getting the deserved compensation.