How to file a wrongful death claim

By Boyd Jenkins posted 12-23-2020 01:03 PM


Wrongful death occurs when someone passes away because of someone else’s neglectful behavior. The surviving family members can bring a civil lawsuit and seek damages before a court for the harm caused, which is meant to compensate for the losses resulting from the death of the loved one. If you’re considering the possibility of filing a wrongful death claim, please continue reading to find out more. Navigating the justice system isn’t as easy as you think. 

Open a probate estate 

It’s necessary to prepare for the lawsuit ahead of time. In this respect, it would be helpful to make a list of personal injury lawyers Boise ID, and determine who is the best advocate. A lawyer is professional and objective, so they’re capable of making sound decisions and support you during these difficult times. Your personal injury lawyer will advise you to open a probate estate on behalf of the deceased one. You’ll become responsible for administering the assets possessed by the deceased person. After you’re granted the probate, you can sue in the name of the deceased loved one. 

Understand the types of damages you can claim 

An investigation will be carried out to determine what happened to the deceased person. This task is generally undertaken by the lawyer, who is assisted by experts in the field. You have peace of mind knowing that your lawyer will pinpoint the parties who are responsible for the wrongful death. Surviving family members can collect several types of damages. In what follows, we’ll provide some examples: 

  • Funeral and burial expenses 
  • Medical bills 
  • Loss of inheritance 
  • Loss of spousal companionship 
  • Loss of parental guidance 
  • The deceased one’s pain and suffering 

While it’s impossible to put a price on a person’s life, monetary compensation is awarded as a punishment for the unlawful conduct of the other party. The damages are calculated based on the underlying circumstances of the accident and whether or not the case goes to trial. Your lawyer will make sure that you receive fair compensation for the loss you’ve suffered. 

Pay attention to the time limit 

There is a statute of limitations regarding wrongful death cases. Basically, there’s a certain timeframe within which you can file your claim. You must file the lawsuit within maximum of two years of the date of the unfortunate event. This translates into the fact that you don’t have time to waste. If you want the defendant to be convicted for their deed, it’s necessary to be proactive. If you don’t file a claim within a reasonable timeframe, the court will refuse to hear the case. If you still have questions regarding the deadline, it’s best to speak to your lawyer. 

As is the case with any lawsuit, the lawsuit won’t be over right away. As a matter of fact, it will consume a great deal of your time. The good news is that most cases are settled before they go to trial, so you can resume your normal life. Your lawyer will be there every step of the way, so there’s nothing to worry about.