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How to Establish a Wrongful Death Claim

No matter what the circumstances may be, dealing with the death of a loved one can be hard to face. But when you sense that it was directly related to negligence or misconduct, that can make it even more challenging and in many instances, filing a wrongful death claim is recommended.

If you’re not sure what the qualifications are surrounding one or you’re curious to know about how to accurately establish one, we have provided you with some specific information on the topic below:

What qualifies as “wrongful death”? There are several different things that can qualify as a wrongful death situation including medical malpractice; a car or plane accident; a death that occurs at work; food poisoning; the use of toxic products or even exposure to hazardous substances. In any of these cases, if you feel that your family member was a victim of neglect or misconduct in any way, you have reason to file a claim.

Who can file a wrongful death claim? If you are an immediate family member, a life partner or in some cases, a sibling or grandparent (especially if you had custody of the individual), or if you are the parents of an unborn child, then you are someone who can file a wrongful death claim.

What can a wrongful death claim cover? Although absolutely nothing can replace the pain that comes from losing someone that you love, the purpose of a wrongful death claim is so that you can be awarded monetary damages. They can be used to cover things like funeral fees, medical bills, loss of support or service or in some cases, even the loss of an inheritance. In some instances, even if the deceased family member did not pass away immediately but they suffered prior to dying, the judge will award pecuniary damages as well.

How do you file a wrongful death claim? If you feel that you have enough evidence to file a wrongful death claim, the next thing that you need to do is contact a firm like Reiner & Slaughter, LLP that specializes in handling these kinds of cases. Oftentimes, these attorneys are referred to as being personal injury lawyers. If you don’t personally know of any in your area, Lawyers.com is a website that can help to direct you to them.

How long does it take to get compensated? If you’ve ever noticed a wrongful death lawsuit that has happened with a celebrity (such as Michael Jackson), then you know that perhaps the most challenging thing about filing a wrongful death suit is the fact that it can sometimes take a really long time before a verdict is reached. There are usually several testimonies and pieces of evidence that the judge has to review before reaching a decision and that can last many months to a couple of years so you definitely need to have a lot of patience. The good news is that you typically don’t have to pay any fees upfront (the lawyer gets a percentage of your winnings on the back end); that way you at least don’t have to worry about losing additional monies in the process. So, if for some reason you feel like you should file a wrongful death claim, there’s no financial risk in doing so. For more information on establishing a wrongful death claim, contact a personal injury within your area.

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