After losing a close family member to an accident which was not their fault, it can be hard to think at all about the future while the emotional pain, not to mention the financial burden, caused by your loss is so fresh. Even if you are ready to pursue civil compensation for the harm your family has suffered, the process of filing a wrongful death claim can be deceptively complex, and actually achieving a favorable result from that claim can be harder still.
Our experienced personal injury attorneys understand how incomparably devastating this type of loss is, and we also know how to help families like yours get every cent of the compensation they need afterwards. From the beginning to the end of the legal process, a Miller Beach wrongful death lawyer from the Law Offices of David W. Holub can be a compassionate and capable ally working tirelessly to protect your best interests.
Unique Rules for Wrongful Death Claims
The law may entitle certain immediate family members to seek compensation through a wrongful death claim, but only the decedent’s personal representative typically has the authority to file the lawsuit. If the decedent did not name a representative in a will, the court typically appoints one.
It is worth mentioning as well that the statute of limitations works slightly differently for wrongful death claims compared to standard personal injury cases. While both types of claims are subject to a two-year statutory filing period, that period begins on the decedent’s date of death for a wrongful death claim, rather than on the date they were first injured. This can make it even more important than normal to contact a Miller Beach wrongful death attorney sooner rather than later after losing a close family member.
What Evidence Is Needed for a Wrongful Death Lawsuit?
A personal representative filing a wrongful death lawsuit must prove four things in order to achieve a favorable case result, which are:
- The decedent is legally deceased
- The death resulted from a specific injury or illness
- The beneficiaries sustained identifiable and compensable losses directly linked to the death
- That injury or illness directly arose from a reckless, negligent, or unlawful act by the defendant(s)
Documentary evidence, such as death certificates, autopsy reports, and medical records detailing the fatal injury, plays a critical role in most wrongful death cases. Testimony from witnesses to the incident and from family members who experienced resulting losses also carries significant weight. A wrongful death lawyer in Miller Beach could handle the collection, preservation, and strategic use of this information to support a claim for damages or a potential settlement.
A Miller Beach Wrongful Death Attorney Can Help
When someone dies before their natural time, it is always a tragedy. If a third party’s misconduct causes that death, it may be more accurately described as a travesty. Money alone cannot completely erase the pain and trauma caused by this type of loss, but fair civil recovery can still be key to preserving your family’s future prospects in the wake of a wrongful death and stabilizing your personal finances as well.
You have support available with whatever legal action you wish to pursue from a seasoned Miller Beach wrongful death lawyer. Contact us at the Law Offices of David W. Holub to learn more about your legal options.