Losing a family member through a preventable accident is an incomparable tragedy, and one that will fundamentally change your life. In a situation like this, it is understandable if the idea of filing a civil suit over your loved one’s death is less than appealing. In practice, though, proactively enforcing your right to civil recovery now could be vital to protecting your entire family’s best interests in the years to come. You do not have to go through this uniquely challenging type of civil claim alone, and more than that, you have help available from compassionate personal injury attorneys who understand what you are going through and will do everything possible to get you the best possible case result. Even if you just have questions about exactly what your options are at this moment in time, a Demotte wrongful death lawyer from the Law Offices of David W. Holub could provide the answers you need to make the right decision for your family.
How Are Wrongful Death Claims Different from Personal Injury Lawsuits?
Generally, only the person directly injured in an accident has standing to file a lawsuit. However, if the injury proves fatal, the legal right to pursue a claim, referred to as a cause of action, does not necessarily lapse. Instead, that right transfers to the decedent’s personal representative if the deceased was an adult, or to the surviving parent(s) if the deceased was a minor or a dependent college student at the time of the incident..
In both scenarios, the person(s) with standing to file suit over a wrongful death caused by another person’s misconduct has two years from the date of the decedent’s death to formally start the legal process. This deadline is strictly enforced by state courts with virtually no extensions or exceptions, so contacting a Demotte wrongful death attorney quickly after a fatal accident can be key to case success.
Recovering for Short-Term and Long-Term Losses
Unlike standard personal injury claims, which address losses sustained directly by an injured individual due to another party’s negligence, wrongful death claims allow certain surviving family members to seek compensation for losses they experienced as a result of a relative’s death. These losses stem both from the death itself and the underlying negligent conduct. The specific damages recoverable in such claims may vary based on the decedent’s age, marital status, and number of dependents at the time of death, as a wrongful death lawyer in Demotte could further explain.
Virtually every wrongful death claim can include out-of-pocket expenses paid by family members in relation to a wrongful death, such as funeral/burial expenses and medical bills paid on behalf of the decedent. If the decedent was a minor child, their parent(s) may seek recovery for the loss of their child’s love and companionship as well as the costs of counseling services for themselves and/or other minor children in the family. For adult decedents, compensable damages may include things like lost future financial support, loss of affection and guidance, and loss of household services.
Talk to a Demotte Wrongful Death Attorney About Legal Options and Your Case
It is always hard to know what to do in the weeks, months, and even years after a loved one’s wrongful death. You should know, though, that you have every right to pursue compensation after losing a family member by no fault of your or their own, and that you have help available from dedicated legal counsel in proactively enforcing that right.
A Demotte wrongful death lawyer could explain your options and offer guidance about next steps during a confidential consultation. Contact us at the Law Offices of David W. Holub today to schedule yours.