Having an accident which impacts on your life is stressful. When you are trying to cover medical costs and need to take time off work to recover, it is important that you know what your financial options are. Personal injury attorneys help people who have been through an accident and now seek recourse from the other person who caused it. Before you meet with a personal injury attorney, there are details you need to gather so the attorney can help you with your case. These posts are all about what accident and personal injury attorneys do, what they need from you, and the different situations where using one is beneficial to your lifestyle.
Wrongful death accident lawyers are often asked basic questions about what it takes to pursue a case. Let's look at four of the most common questions a wrongful death accident attorney may hear.
Is a Crime Required?
There is no legal requirement for a criminal charge or conviction to be involved in a case. Even in cases that involve criminal conduct, such as extreme negligence that led to charges being filed, there's a strict partition between the criminal proceeding and the wrongful death case. This is because the work of wrongful death accident lawyers falls under the heading of civil law.
As a civil matter, a wrongful death case involves a lower standard of proof. The claimant or plaintiff only has to show that their version of events is more likely than not what happened. It can be helpful in a few scenarios to wait until there is a criminal conviction, but it's not a requirement. In a civil proceeding, the goal is only to use monetary compensation to right as much of the legally-recognized wrong done as possible.
Who Can Pursue a Claim?
Here is where the requirements for a case start to narrow a lot. Most states are only comfortable allowing the most direct living relatives to seek compensation. This means that the folks who have the necessary standing to pursue cases usually the spouses, dependent children, or the parents of minors of people who died under allegedly wrongful circumstances. An estate might have grounds to pursue action, but this is usually only acceptable if no one matching the previous criteria are available to stand as plaintiffs.
How Long Do You Have to File?
Most U.S. states have statutes of limitations that prevent suits after two to three years. If you have notified the alleged at-fault parties of your intention to seek compensation within that time frame, that meets the requirement. For example, if you tried to negotiate with an insurance company and the process dragged on past the statute of limitations, you usually can still sue because the negotiation process was considered sufficient notification. The courts allow this because they don't want to encourage defendants and insurance carriers to run out the clock.
What Damages Are Required?
Some form of provable medical or economic damages are necessary for a claim. For example, funeral expenses and unpaid medical bills from care before death are compensable. Similarly, recoveries of the value of the deceased's income, consortium, and parentage are also acceptable.
For more information, contact a wrongful death accident attorney in your area.
Share24 March 2020
