CLAIMING DAMAGES
Wrongful death is a legal claim filed against a person who is believed to be responsible for someone’s untimely demise. A wrongful death claim is filed in a civil court by the immediate relatives to claim damages. Because a wrongful death is a civil case, private individuals file the case and not the state.
Wrongful death lawsuits can be very tricky, that is why it is better left handled by wrongful death attorney trained in the nuances of this type of lawsuit. A wrongful death attorney can make the distinction between a criminal case and the civil wrongful death case which is filed purely for damages or compensation for the family left behind.
If you have lost a loved one and believe that you have a legitimate wrongful death case, a wrongful death attorney can help you build a strong case that will hold in court. What you are looking for in a wrongful death attorney is background; you have to be sure that your wrongful death lawyer has enough experience to provide competent, legal representation.
FILE THE CASE EARLY
Bear in mind that you have to file a wrongful death claim as soon as possible. There is a statute of limitations for this type of case. The statute of limitations provides a specific length of time that the case should be filed, after which the case will no longer be valid.
If you have a wrongful death attorney handling your case, you increase your chances of winning the case or being offered a settlement. Either way, your family will receive damages for the death of a loved one. There are no standards as to awarding damages. The court decides this on a case to case basis. Normally, a person who died at the prime of his life will merit higher damages because it is believed that could have had productive years ahead had he not died.
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