Life is uncertain in many ways! There are times when you have a loved one leave you because of wrongful death. Various reasons could have caused death. It could be medical negligence or a road accident. Though the loss is practically insurmountable, it is essential to move ahead with life. That is not all. You also need to take the right steps about the wrongful death. One of the most important things to do is to opt-in for a lawsuit.
Understanding a lawsuit for wrongful death
You can file for a wrongful death lawsuit, after a person’s death. Generally, the reason for this death is an illegal act or some negligence. However, when there is any negligent or intentional homicide, the legal prosecutor can add few charges. Also, there can be criminal trial set against the concerned individual. The decedent’s family might have a chance in civil solution to file a lawsuit for wrongful death against an institution, the person as well as any corporation accountable for the death.
The decedent’s family might recover from multiple losses. And this comprises of the decedent’s medical bills and the lost remuneration. There can be other sufferings as well before the individual died, which can get addressed well to seek a justified compensation of any kind. Furthermore, it can also address the financial loss caused by the decedent’s wrongful death and get compensation for the same. However, you can’t have a clear understanding of the process until you get in touch with an ace lawyer. To know more on this, you can check out Hershey Law, P.C.
Is it possible to file the Wrongful Death Lawsuit?
One of the most important things to consider here is this – are you the authorized person to file this lawsuit by the state? It means that every state comes with its set laws assigning a person who can file a Wrongful Death Lawsuit. In specific states, the lawsuit can be only filed by the decedent’s relatives, parents, children, surviving spouse, and siblings. So, if you are a friend to the decedent, you might have a difficult time in filing this case.
That is not all. There are places where a personal executor or representative of the decedent’s estate can file the Wrongful Death Lawsuit. Hence, you need first to understand the state laws that govern this particular issue. Just in case, you aren’t sanctioned by law to file the lawsuit, you might speak to someone who is authorized to file the lawsuit against the decedent’s wrongful death.
Knowing the limitation statutes
The other important step here is to know of the limitation statutes, put forward by your state. Every state has deployed certain time limits, that restrict the filing of the Wrongful Death Lawsuit. Some of the instances of this are as follows:
- In Florida, the limitation is between 2 years from the time of the individual’s death
- In Montana, the limitation is between 3 years
Also, there are situations where the limitation statute will start to operate as the death date. In other circumstances, the date will begin to run from the time of the discovery of the loss. You can seek the assistance of a professional attorney, to know the statute limitation applicable in your legal case. Just in case, the restriction that the state has decided has run, you might get barred from filing the Wrongful Death Lawsuit. And this would be an unfortunate incident for the decedent’s family.
Starting out the Wrongful Death Lawsuit
Do you know for sure that can you have the sanction to file a Wrongful Death Lawsuit? Also, are you within the statute limitation outline by the state? If yes, then you need to collect and file all the relevant documents for starting this civil lawsuit. Usually, the first document that gets filed is treated as a petition or a complaint. And this document needs to offer the defendant with all the legal and factual grounds for preparing the legal case. In addition to the petition, it is also essential for you to file the summons. Simply put, a summons is a document that notifies the defendant that he/she will be sued. It also addresses the place where the Wrongful Death Lawsuit will get heard.
Once you have successfully filed the lawsuit, you need to offer all the essential documents to the defendant. And this legal method gets termed as the “service of process.” It places the defendants on a formal notice in the lawsuit. Every state and in some instances, every county today comes with specific rules and regulations concerning the apt method to carry out a service of process.
Here you will need your personal injury attorney who will explain this procedure and other protocol to you. You need to ask the relevant questions to your attorney so that you stay clear about the service of processes. That way, you can progress with your lawsuit seamlessly.
You should review the Wrongful Death Claim
Sometimes all the processes that have been explained above, seem complex to pursue. But serving and initial pleadings is the very first step that needs to get implemented. The average lifespan of a Wrongful Death Lawsuit can stretch up to many years. And this process can comprise various steps that can prove to be challenging for individuals who don’t understand the law.
Keeping in mind all these facts, it is a smart call to get speaking with an attorney who specializes in Wrongful Death Lawsuit, before you file for it. Today, you can come across such an attorney online. Either they practice independently, or they belong to an ace and reputed law firm. In both situations, you need to research on the attorney in details. Try and know the legal cases he/she represented before and the success rate. Check for online reviews, feedback, and client testimonials online. Also, assess the promptness with which the attorney addresses your queries to file the Wrongful Death Lawsuit. You can also inquire on the fee and if the lawyer is ready to work on a contingency fee basis. Based on all the information that you gather, you need to make a smart choice.
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