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Wrongful Death Claims FAQ

Losing a loved one can be an unbearable experience for the those that the deceased left behind. Sometimes a family or spouse never recovers from the loss of a loved one. Death can completely destroy the fabric that holds together a family. Losing a loved one can also mean losing financial support, emotional support, source of support and guidance. If you feel your loved one died a wrongful death and you have decided to file a wrongful death claim, you may have many questions about the process.

1. Who can sue for a wrongful death claim?

The answer to this question depends largely on the laws of that state. Some states only allow immediate family members to file. This includes parents, siblings, or a spouse. Other states allow extended family members to file.

2. How soon should I file?

Most states operate under the "statue of limitations" when it comes to wrongful death claims. Statue of limitations is the period of time you have to file your claim. Again, this also varies from state to state. The start of the period is usually immediately after the incident occurs or when the injury is discovered.

3. What type of compensation can be received?

Compensation for a wrongful death claim covers a spectrum of possible losses. Physical losses as well as emotional losses can be covered. It is understood that when a loved one passes they may leave a financial void, as well as an emotional void. For this reason medical bills, funeral costs, pain and suffering, and loss of income can all be covered.

4. What types of accidents can lead to a wrongful death claim?

Wrongful death claims are usually filed under the basis of negligence of party that lead to the death. The cause of wrongful deaths can fall under a number of categories.

  • automobile accidents
  • workplace accidents
  • medical malpractice
  • product liability
  • acts committed by criminals

Whether your loved one suffered by the negligence of a medical doctor or a freak accident on a construction site, you are able to file a claim.

5. What can I do to strengthen my claim?

Depending on the circumstances of your cases there are documents you can offer to your attorney that may influence the case in your favor. Collecting the police report, medical report, medical record, employment records, tax forms, and defective product receipt can help the outcome of your case. Additionally, you can help your case by filing within the statue of limitations and hiring an attorney with experience in this field.

6. What is the cost of hiring a lawyer?

When selecting a lawyer to represent your case, it is advisable that you hire a representative that works on contingency basis. Contingency basis simply means that your lawyer will not collect fees until the case has been won. This is incentive for your lawyer to do everything within their power to win your case.

If you have decided to file a wrongful death claim, contact us at Colley and Colley.