When you are hurt in a car accident, there are a lot of things that run through your mind, but most people aren't focused on suing the other driver or their own insurance company. Unfortunately, because of the way the world works, most people find that they are given far less of a settlement than they deserve, especially if the accident wasn't their fault. I wanted to create a blog all about choosing a better accident and personal injury attorney, so that you can prevent longterm financial ramifications from your accident. I know that a lot of these tips helped me along my journey.
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Filing a wrongful death case can be expensive and time-consuming. Therefore, you will want to speak with a wrongful death attorney if you're not sure whether you have a case. However, there are several factors that can determine whether you may be able to successfully file a wrongful death case.
The Statute of Limitations
To file a wrongful death case successfully, you will need to be within the statute of limitations. This is based on the state in which you reside. However, it can take a long time to gather the evidence necessary to file a wrongful death lawsuit, and you will need to start soon.
Consider Whether You're an Eligible Family Member
Not every family member will be able to file a wrongful death lawsuit. For example, if you are an extended family member, you may not qualify. Friends usually do not qualify either. However, you will usually be able to file a wrongful death claim successfully if you are a spouse, offspring, parent, or sibling of the deceased.
In some cases, those under the care of the deceased, grandparents, and grandchildren can file a wrongful death claim. You may also be entitled to compensation if you are part of the estate and someone sues on behalf of the estate.
Someone Needs To Be At Fault
Regardless of how tragic the accident is, a wrongful death case can only win if the defendant was negligent and the negligence leads to the death of your loved one. This can include cases involving auto accidents in which one party was drinking and driving, slip and fall cases where the property owner was negligent, and defective products that lead to a death.
Gathering evidence can sometimes be difficult because the primary witness, the deceased, will not be able to testify. However, a wrongful death attorney might have some ideas regarding how you will be able to prove liability. For instance, if the wrongful death occurred as a result of a defective product, an expert witness can examine the defective product and determine that it caused the accident.
How to Proceed with Your Case
Once you are certain that you have a case, you should discuss with your attorney whether you should pursue a settlement or file a lawsuit against the defendant. Each option has upsides and downsides, but a settlement is the most common way that a wrongful death case is resolved.
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