Wrongful Death: Information about Taking Legal Action

Wrongful Death: Information about Taking Legal Action

Jun 29

As the website of Crowe & Mulvey, LLP eloquently puts it, there are very few things in life as tragic and devastating as dealing with the unexpected loss of a loved one. There’s no way around the emotional turmoil that such an experience is sure to bring. What’s worse is when this grief becomes compounded due to the knowledge that death could have been avoided if not for the negligent behavior of another party. This leaves the surviving family to deal with consequences that will only increase the burden they are already carrying and make it hard to find the closure they need.

Fortunately, the law provides avenues of relief and comfort for grieving families in these situations. According to the website of Williams Kherkher, individuals seeking out answers can find closure through pursuing a wrongful death claim against the party or individual responsible for their loss. Wrongful death claims encompass all manner of accidents and scenarios that have been made possible due to negligent action committed by another person or entity. This includes fatalities caused by vehicular accidents, workplace explosions, and medical malpractice. A successful claim entitles the family to compensation covering financial expenses caused by the incident like medical expenses and income loss, as well as additional damages for the bereavement and suffering they have had to endure.

A wrongful death claim may be pursued by those that the law recognizes as the “real parties in interest”. While the definition varies from state to state, this usually includes the victim’s immediate family members, spouses and life partners, as well as financial dependents and other persons who stand to suffer financially due to the accident that occurred. These individuals will be allowed to pursue their claim within a specific period of time called the statute of limitations. Again, this differs depending on state laws. Usually, the statute of limitations for wrongful death claims is at 2 years. If you are looking to pursue a claim in the wake of an unexpected loss, it would be best to consult a legal professional as soon as possible.

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