3 Tips from Someone With Experience

September 10, 2019


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All You Need to Know Before Filing a Wrongful Death Suit

A wrongful death suit is filed in order to ensure that someone is held accountable for their actions which may have led to the loss of life. A wrongful death suit is only valid if it is filed within three years of death. In this article, you can learn about all you need to know about a wrongful death suit from who can file one to what you need to prove.

A wrongful death suit can be filed if someone dies as a result of intentionally harmful or negligent actions of another party. Wrongful death suits can be something from medical malpractices to motor vehicle accidents that occur due to someone’s negligence, a defective product being released to the consumer by a manufacturer and murder. Wrongful death suits can be filed by specific members of the decedent’s family or a representative of their estate. You can schedule a free consultation with a wrongful death lawyer such as Mathew G. Miller to establish whether your situation fits a wrongful death suit. According to the law, you can only file for a wrongful death suit if you are a family member to the decedent or a personal representative of their estate. The rules that govern such cases vary depending on the area you are in, and it is, therefore, vital to find a local wrongful death lawyer.

The American laws limit the type of family members that can file a wrongful death suit. You can only do so if you are a direct beneficiary of the deceased. Some states will allow filings depending on the level of relationship and those from different groups of surviving relatives. Those in the following category can only sue if the previous category has no member.

Most states have laws that allow a personal representative of the deceased’s estate to sue for compensation for any losses that occur as a result of their death. A court appoints a personal rep, and they can file a lawsuit under their own name as representatives of the estate. It is a requirement in some states that these suits be filed through these representatives.
There are a number if damages that may prompt one to file a wrongful death suit. If the decedent underwent any medical procedures due to injury or died because of an injury, the family may move to court to seek compensation for the money spent on treatment. The pain and suffering the decedent was subject to before death can also be another reason to go to court. Loss of love and companionship can also be another reason.

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