5 Things to Know About Wrongful Death Cases

by | Feb 4, 2022 | Lawyer

One of the most devastating things about wrongful death is realizing it could have been prevented. If a loved one dies because of carelessness or neglect, you can file a claim. Loved ones can do that on the victim’s behalf. Filing for a claim gives family members a chance to cover the hospital bills, funeral expenses, and the loss, pain, and suffering of a loved one’s death. If the victim was the breadwinner, the computation must include the lost wages. If you have a wrongful death case on your hands, here are five things you need to know.

Not Everyone Can File a Wrongful Death Claim

If someone in the family is filing a claim, make sure it’s the surviving spouse, non-adult kids of the deceased, surviving parents, or designated representative of the deceased’s estate. Only these people can file a claim.

You Need a Lawyer

Skilled wrongful death lawyers in Lafayette, IN can help you gain the compensation your family deserves. If you’re not sure how to go about filing a claim, talk to an attorney to get started.

There’s a Deadline

Claims for wrongful death cases must be filed within the first two years from the date that the deceased passed away. If you don’t, you’ll lose your chance to file a claim because of the statute of limitations.

There are Exceptions

If the wrongful death is connected to a criminal case, the limit is suspended until the criminal case is over. The statute of limitations could also be put on hold if the estate of the deceased person is not probated. As a result, the statute of limitations could be paused for a total of five years.

Most Don’t Go to Trial

Most of these cases reach a settlement or early resolution, so they don’t go to court. Your lawyer can tell you more about this. Contact Ball Eggleston for more details.

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