When a person dies because of another person’s legal fault, a wrongful death claim comes into existence. It allows you to seek damage compensation from the defendant who has caused the victim’s death through intentional action or negligence.
This compensation varies, from lost wages and funeral expenses to lost companionship. There are a variety of situations that are covered under wrongful death claims, which range from simple car accidents and product liability cases to medical malpractices resulting in loss of life.
If you qualify to apply for a wrongful death claim, knowing the exact process and other aspects related to it can help you approach the situation in the best way possible. With that said, here’s everything you should know about seeking a claim after a wrongful death.
The Process of Seeking Claim
Understanding how wrongful death claim works can help you go about your specific case and make informed decisions. You can check out websites like https://francistxlaw.com/practice-areas/dallas-wrongful-death-lawyer/ for more information. While an attorney can offer you complete help in understanding the intricacies of the process, here’s a comprehensive guide to the process of seeking a claim to get the basics cleared.
- The first step involves filing a notice of claim with the negligent party’s insurance company. If the local government is liable for the death of the victim, you should file the claim notice with a municipality.
- Calculating the damages you have suffered is crucial to determining the compensation amount you would want to demand in the wrongful death claim. Once you have made these calculations, you need to send the demand letter to the concerned party.
- The municipality or the insurance company then assesses the demand letter. Followed by the assessment, the agency sends a settlement offer calculated based on the terms of the policy and determining the party at fault. They also run a check and assess if you are entitled to certain damages.
- You can discuss the settlement offer with your lawyer and evaluate whether the amount offered is fair. In case you’re not satisfied with the settlement offer, your lawyer can initiate the negotiation process after returning the offer.
While it is not uncommon for wrongful death claim negotiations to not result in a settlement amount, most wrongful death claims are a success. However, if your claim negotiation does not end in a settlement amount, you can go ahead and file a lawsuit and continue to pursue your compensation.
Generally, a time-taking process; it may take anywhere from weeks to months, and in some cases, more than a year for you to receive the settlement amount. However, your lawyer will keep you updated about the progress of the case and offer you help with understanding the process better.
Surviving Members Can Recover Damages
Wrongful death cases work almost like personal injury cases, wherein a person can demand compensation due to the damages incurred from the negligence of another person or party. However, since the injured person in a wrongful death case passes away, family members of the person can claim compensation.
While the rules as to who qualifies for a wrongful death claim may differ from one state or country to another, in most cases, the spouse, parent, or child can claim the damages.
The compensation is divided among the family members of the diseased person based on the members’ relationship with them. For instance, children divide the settlement equally among themselves, while the spouse is entitled to more compensation than the children. There are several underlying rules to how this works, and a lawyer can familiarize you with these rules and what you’re entitled to receive.
The statutory deadline for wrongful death claims is within two years of the passing away of the victim. However, this may vary in case you sue the municipality. Whether it is a government agency, company, employee of a company, or an individual, you can bring a wrongful death lawsuit against the concerned party.
However, certain parties may be immune to wrongful death lawsuits, such as government agencies. With many such regulations and laws governing wrongful death claims, it is best to look for legal help to understand where your case stands and if filing for a wrongful death lawsuit will help you.
Follow Technoroll for more!