Properly Filing a Wrongful Death Claim

Wrongful death claims can be a difficult proposition. A loved one has just passed and you will probably be hip-deep in mourning and burial planning. However, if you are to get due compensation for the loss of your family member, you will have to start the wheels turning on your claim.

Many states have a statute of limitations on such claims and they give a year to file it. However, deadlines for filing can be earlier, as well as consulting with a lawyer.

There are two things to check before you file a claim, though. First, you need to see if a personal injury claim was previously filed by the deceased before they died. Should the original claimant pass before a resolution or judgment is made on the case, then the next of kin you may continue with the legal battle on the departed’s behalf.

Next, you need to ensure that you can file the claim. This can depend on how you are related to the deceased, the state which you live in, and the deceased’s will. Without a will, the requirements would be that you are an adult and directly related to the victim. Otherwise, it is the estate representative who can do it.

When filing a claim, it is advisable to do so with the assistance of a lawyer. An experienced legal counsel could benefit you by providing the right advice, as well as increase your chances of winning the claim.

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