Workplace injuries and deaths are more common than one might imagine. This is especially true when it comes to workers that are constantly exposed to dangerous working conditions. Losing someone under such circumstances is not only emotionally devastating, but it could potentially be financially devastating. If that individual was the sole provider of the family could your family go on surviving? Did you know that you and your family might be entitled to compensation in these situations? Wrongful cases are a real possibility for any family and this is why you need to know exactly how to file a claim and the law surrounding a wrongful death case.
When you can file a wrongful death lawsuit?
First and foremost, you need to understand exactly what a wrongful death lawsuit is and when you can file one. A wrongful death lawsuit can be filed when a person dies as the result of negligence or wrongful act of another person. In the workplace, this would mean that the employer didn’t provide proper safe working conditions or safety equipment. The family of the decedent can be compensated for a variety of damages. The family might be able to collect compensation that includes the decedent’s medical bills, lost wages, and pain and suffering. If these cases go to court they will likely be decided by a jury and the jury can award the family compensation for the loss of financial support and the loss of companionship.
Who can file the wrongful death suit?
If you are a personal injury victim or you have a loved one that died on the job it is important to understand who can legally file the claim. In a personal injury claim, the injured parties can file the claim, but things are much different in a wrongful death case because the injured parties are no longer living. It is important to understand that the law and regulations vary from state to state, but in most cases, a wrongful death suit can be filed by the decedent’s surviving spouse, children, parents, siblings, or other relatives. However, there are some states in which only the personal representative or executor of the decedent’s estate can make such claims. You need to understand what the regulations are for your state and this is something that an attorney could help you with.
There are statutes of limitation
It is also important to understand that there are statutes of limitation when it comes to wrongful death suits. This will once again vary from state to state, but it simply means that you have a limited time to file. If you wait too long, you may no longer be legally allowed to collect compensation for your loved one’s wrongful death.
Commencing the lawsuit
If you are ready to file the lawsuit the first step will be filing documents that commence the civil lawsuit. This simply just means that you are putting on paper that you are opening a civil case against the employer. You will also have to file a petition and summons, which will let the defendant know that they are legally being sued and under what grounds.