Available 24/7The loss of a loved one is devastating. Suddenly, your life is thrust into an unexpected chapter, and you and your family are dealing with funeral arrangements, medical bills, and grief. If the negligence of another resulted in the death of your loved one, you may have a wrongful death claim. However, there are many misconceptions about filing a wrongful death claim. The following article seeks to clarify some of those misconceptions:
Wrongful Death and Criminal Charges Are the Same Thing
Wrongful death lawsuits are a civil matter. They seek compensation for the decedent’s estate and the surviving family members. The intent of a criminal case is to punish the wrongdoer.
Your personal injury attorney can help you build a wrongful death case and seek a fair settlement, allowing you and your family to grieve in peace.
You’re Already Receiving Life Insurance Benefits
If the decedent had the foresight to take out life insurance policies, you are in a better situation than those who did not. Life insurance policies offer a single lump sum payment of the decedent’s plan and do not account for the future lost income, pain and suffering, or other medical bills that arise.
You Can File a Wrongful Death Claim Anytime
Like many legal actions, wrongful death cases must be initiated before the statute of limitations expires. The statute of limitations is the legal time limit to file your lawsuit. Per CCP § 335.1, you typically have two years. If you miss that deadline, the courts will bar your case, and you may be unable to secure monetary compensation for the loss of your loved one.
Anyone Can File a Wrongful Death Claim
This is not entirely accurate. Under the CCP § 377.60, there are only certain groups who may bring a wrongful death claim on behalf of the decedent:
- The surviving spouse, domestic partner, children, or the following generation in the same bloodline may bring a wrongful death claim. In the case of no surviving children, those recognized by intestate succession can assert the claim for the decedent’s property.
- The next group is any individual who is dependent on the decedent, such as stepchildren or parents. This group may also include a putative spouse, someone who believes in good faith that they had a valid marriage, but, in reality, the marriage is void.
- Following that group is any minor who lived with the decedent. The minor must have lived with the decedent for 180 days prior to the passing and was dependent on the decedent for one-half or more of their income.
As of September 2020, another group has been recognized to file a wrongful death claim. The legal guardians of a minor who lost their parents may bring a wrongful death claim on behalf of the minor.
You Receive Financial Compensation Automatically
The fault may be clear in the case of your loved one’s death, but you must still prove negligence. Your personal injury attorney can investigate the accident, gather evidence, and represent your family’s interests to the insurance companies and in court.
It’s free to speak with us and learn the value of your case today.
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Wrongful Death Claims Only Covers Funeral Expenses
Part of the damages you may seek in a wrongful death claim does include funeral and burial costs, but you can seek more than that. This compensation is not meant to replace your loved one, only to provide financial aid and emotional relief. Your damages may include any of the following:
- Final medical expenses
- Pain and suffering
- Loss of financial support, benefits, and household services
- Loss of companionship, guidance, and consortium
Wrongful Death Claims Do Not Require a Lawyer
It is true that there is no law that requires you to hire an attorney. You have every right to handle your loved one’s wrongful death claim on your own. However, wrongful death cases can be complex. From the various state laws, devoting time to collect evidence for a claim, and dealing with the insurance companies while grieving the loss of a loved one can be a daunting task. A wrongful death attorney has the resources, skills, and knowledge to manage your claim.
The Insurance Company Will Be Fair
Insurance companies prioritize their profits over payouts, so it may be necessary to negotiate a fair settlement. If a settlement cannot be reached, you can file a wrongful death lawsuit to seek a court award.
Your wrongful death lawyer should have the skills and experience to deal with the insurance companies for you. We advise reading some of their reviews and case results to know if the lawyer you want to hire is qualified to handle your case.
This Tragedy Could Have Happened to Anyone
When dealing with the death of a loved one, you might not want to blame anyone for the death, or you think that there was no malicious intent. However, when someone’s death is the result of another’s negligence, there is a potential wrongful death claim.
Pursuing a Wrongful Death Claim Will Take Too Long
Yes, the process of filing a claim and seeing it through to the end can be lengthy. However, that is what your attorney is for. Your attorney will work hard to get the compensation that you are entitled to receive. The length of the case depends on the complexity of the issues. Additionally, many cases settle before they go to trial.
Seeking Compensation for the Death of a Loved One Feels “Wrong”
You may be hesitant to file a lawsuit because you do not want to profit from the loss of a loved one. There is a large misconception that people who file lawsuits are greedy and just want to make money. However, if your loved one has died because of the negligence of another, you have a legitimate claim and can be compensated for it.
The money you obtain is never meant to replace your loved one. It is to give you and your family a sense of justice and a chance to rebuild.
Call Sargent Law Firm Injury Lawyers Today
If you are considering filing a wrongful death suit for the loss of a loved one, Sargent Law Firm Injury Lawyers can help. Our wrongful death attorneys will handle your case and work to get you the compensation you deserve.
