There are nearly 225,000 unintentional deaths in the United States each year. Among these, there are most likely plenty of potential wrongful death lawsuits. These cases are filed whenever a person dies due to another person or entity's negligence or wrongdoing.
If you have never pursued one of these cases before, you need to understand who has the right to file. Here's what you should know about filing a wrongful death lawsuit and who has a claim.
The estate representative is the only person legally able to pursue a wrongful death lawsuit. Your estate representative could be someone that you named throughout your lifetime, or could be a person that you listed in your will. If you haven't named an executor or representative, then one can be named by the courts.
This is why it's important to create a will and put affairs in order during your lifetime. There are several types of wrongful death cases, such as those involving car accidents, medical malpractice, and other issues.
There are also circumstances in which a family member will stake a claim. They might petition to be named the estate representative if one wasn't named, or could seek damages for funeral arrangements, medical treatment, and other issues that led up to your loved one dying.
The spouse of the deceased will be first on the priority list, while children can be considered if they are of age. Other possibilities include parents of the deceased and relatives that were dependents.
Once an estate representative is named, you need to understand how to move forward with a wrongful death case. The first thing you should do is hire the help of an attorney that tries these cases. Book a consultation so that they can explain the law to you while also helping you collect evidence and put together the best legal strategy possible.
Ask about their fees and get them in writing as you choose the best lawyer available. Find out what damages your lawyer will seek and what kind of timetable you can expect for the case to be concluded.
A wrongful death lawsuit can be treacherous and has a lot of moving pieces. When you are able to recover damages from a wrongful death case, you will be able to make the best out of a bad situation, while making sure that you aren't on the hook for unwarranted financial issues.
VG Law Group, LLP can help you when you need help with a personal injury or other wrongful death lawsuit in Port St. Lucie. We have years of time on task helping people in your shoes pick up the pieces when your loved one dies due to the fault of someone else. If you are ready to learn more, contact us online or at 833-HELP-365 for more information.