Injury In Idaho

When a Loved One Dies, Who Can File for Wrongful Death?

When a loved one passes away you will be left with many questions. Amongst the grief, you may be worried about how you will financially survive, especially if the person who passed did not have life insurance in place. A wrongful death claim may be the solution to some of your concerns, especially when it comes to holding the person who caused the accident accountable. A personal injury attorney will be helpful in discussing the details of the case and aiding you in the process of filing a claim.

Who do you File the Claim Against?

The person or company whose negligent actions were the result of your loved ones death will be who the claim is filed against. There are a number of situations where a wrongful death claim mya occur:

  • Car Accidents as the result of someone’s negligence
  • A company that does not have the proper safety procedures and policies in place resulting in the death of an employee.

Why Wrongful Death?

When a loved one passes away, survivors or dependants may be able to file a claim in order to receive compensation. Beneficiaries may be able to collect damages from:

  • Funeral Expenses
  • Loss of Financial Support
  • Loss of Future Earnings
  • Medical Expenses

Who Can File for Wrongful Death?

When it comes to filing for wrongful death, it will be important to look to the law to ensure that you are eligible to file a claim. Spouses, children, unmarried childless adults and parents are all able to file wrongful death claims. The situation can become rather complicated and far more convoluted when it comes to other relatives filing claims including:

  • Siblings
  • Grandparents
  • Aunts/Uncles

Determining who will file a claim is important because, in most situations, the court will only accept one claim.

Statute of Limitations

When a loved one passes away, people can be overcome by grief, causing them to make decisions they may normally not make. When relatives are caught up in a heated battle over who will file for wrongful death, it will be important that they are resolved in a timely manner. The length of time beneficiaries have to file a wrongful death claim is different based on the state that you live. There is a timeframe in all states that descendants must adhere to in order to file their claim in time.

It can be a trying time to experience the loss of a loved one. You will likely have much to sort through when it comes to settling the affairs of a loved one. It can be overwhelming to experience a loss, grieve, and manage a wrongful death suit all at once. It will be important to retain the services of a personal injury attorney Salt Lake City relies on who has experience in wrongful death. With their support, they will be able to navigate you through the legal complexities and help you to get all the necessary paperwork submitted to the courts in a timely manner.  

 

Thanks to our friends and contributors from Rasmussen & Miner for their insight into personal injury.

 

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