It is heartbreaking to lose a loved one. Losing a loved one of a negligent or intentional act is even more devastating, and the consequences can last for generations. If you have lost a family member due to wrongful death, you may need to consult with an attorney. The following explains what it means if you are represented by a wrongful death attorney and your rights when it comes to your case.
Hiring an Attorney
In many cases, hiring an attorney may be necessary when considering suing over the loss of a loved one. When you have an attorney, you are legally bound to your attorney’s decisions on your behalf. You need to hire an attorney with impeccable experience. The ideal lawyer should have an excellent track record fighting for victims. You may even want to consider speaking with a few attorneys before making your final decision.
In some cases, if an employee or relative is killed on the job but cannot file a claim on their behalf, then another family member can step in. In this case, it would be necessary for them to hire a wrongful death attorney who will act on their behalf. This way, they can still bring forth a claim and receive compensation for their loss.
Wrongful Death and Wrongdoing
Wrongful death occurs when someone dies due to the negligence or recklessness of another party. This person could be an individual, a company, or even a government agency. They must be acting in their official capacity when death occurs. Wrongful death claims have risen over the last couple of decades. This is especially true because of the improvement in medical technology.
Doctors can save lives that would otherwise be lost. Wrongful deaths are more brutal to prove. However, it is still possible for a family member to bring forth a claim, and in some cases, it could be successful. Claiming wrongful death requires proving negligence or recklessness on another individual or entity. Without these elements being met, your claim would not be valid. You could also face potential legal issues.
The Statute of Limitations on a Wrongful Death Claim
State laws differ regarding the statute of limitations on wrongful death claims. Ensure you find out the statute of limitations before making a claim. This will help ensure that your claim is not dismissed because you missed the deadline for filing. The time limits for filing a claim are pretty specific. When in doubt, you should consult with a wrongful death attorney before proceeding with your case.
In some cases, such as with a fatal injury, the statute of limitations may begin running before your loved one dies. If this is the case and you miss your chance to make a claim, you may lose your ability to do so. For this reason, you should consult with an attorney in your state.
Punitive Damages Compensation
One of the most important aspects of a wrongful death claim is the right to receive punitive damages. This can help compensate your loved one and their family for the emotional suffering that will result even in the long run. In some instances, if your loved one was in a high-profile position or someone whose death would be significant to their community, you could receive this type of compensation.
To get compensation for punitive damages, you must prove that your loved one was killed due to their employer’s negligence. The amount of money you can receive for punitive damages depends on different factors. These include the company’s size and whether or not the death was intentional. It is also based on how many people were injured due to their negligence.
If you are dealing with a negligent death claim, it is vital to contact a lawyer. This way, they can ensure that your settlement agreement is carried out correctly. In most cases, they will be able to review your documents quickly. The attorney will also point out if there is an area of concern regarding the agreement or settlement amount.
