When a loved one dies as the result of someone else’s negligence, it can be difficult to know what to do. Filing a wrongful death lawsuit is often the next step for families who are seeking justice for their loved ones. However, there are some important things you should know before making this decision. In this blog post, we will discuss the basics of wrongful death lawsuits and what you can expect if you choose to file one.
It is a civil action
The first thing you should know is that a wrongful death lawsuit is a civil action, not a criminal one. This means that the purpose of the lawsuit is to seek compensation for the families of the deceased, rather than to punish the person who caused the death. The compensation sought in a wrongful death lawsuit can include things like funeral and burial expenses, lost income, and pain and suffering.
In addition, it is important to note that a wrongful death lawsuit can be filed even if the person who caused the death is not charged with a crime. In many cases, the standard of proof in a civil action is lower than it is in a criminal case. This means that you may still have a successful wrongful death lawsuit even if the person who caused the death is not convicted of a crime.
Who can file a wrongful death lawsuit?
In most cases, the surviving spouse or children of the deceased can file a wrongful death lawsuit. In some cases, the parents of the deceased may also be able to file suit. If there are no surviving family members, the executor of the deceased’s estate may be able to file a wrongful death lawsuit on behalf of the estate.
An attorney can help you determine if you have a valid wrongful death claim. If you do, they can also help you navigate the legal process and ensure that your rights are protected. So make sure you choose the best attorney for the case in your area. If you need an attorney in Philadelphia for instance, you may want to do a location-specific research for the best results. Therefore, the right attorney will also be able to give you more information about wrongful death lawsuits, so that you can make informed decisions along the way.
What is the statute of limitations?
The statute of limitations is the time limit in which you have to file a wrongful death lawsuit. In most states, this time limit is two years from the date of death. However, there are some exceptions to this rule. If you are unsure about the statute of limitations in your state, you should speak to an attorney.
Similarly, if you are close to the end of the statute of limitations, you should not delay in seeking legal counsel. The best course of action is to speak to an attorney as soon as possible so that they can advise you on the next steps.
Strict deadlines to file the lawsuit
Another important thing to know is that there are strict deadlines for filing a wrongful death lawsuit. In most states, the deadline is two years from the date of death. This means that it is important to act quickly if you believe you have a case. If you wait too long, you may be unable to file a lawsuit at all.
Moreover, if the person who caused the death is a government employee, you may have even less time to file suit. For example, if the death was caused by a police officer, you may only have six months to file a wrongful death lawsuit.
What can I expect during a wrongful death lawsuit?
A wrongful death lawsuit is typically filed in civil court. However, it is important to note that these cases can sometimes be tried in criminal court as well. If this happens, it is usually because the person who caused the death is also being tried for a crime. The burden of proof in a civil case is lower than it is in a criminal case, which means that you may still have a successful wrongful death lawsuit even if the person who caused the death is not convicted of a crime.
During the trial, both sides will present evidence and witness testimony. The jury will then decide whether or not the person who caused the death is liable for the death. If they find that the person is liable, they will award damages to the family of the deceased.
Don’t go through it alone
Wrongful death claims are complicated and emotionally charged, therefore it is critical to have the assistance of an experienced attorney. An attorney can assist you through the legal system and guarantee that your rights are protected. For further details about wrongful death claims, get in touch with a knowledgeable personal injury lawyer in your region.
If you are considering filing a wrongful death lawsuit, it is important to talk to an experienced attorney. An attorney can help you understand the process and ensure that your rights are protected. Contact us today for a free consultation. We would be happy to answer any questions you have about wrongful death lawsuits.
