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Basic Requirements of a Wrongful Death Claim

  • Dealing with the loss of a loved one is never an easy experience. You’re facing a painful time in your life and in the lives of your family members. Worse, you may now be concerned that your loved one was killed by someone else’s negligence.

    Fortunately, you and your family may have the opportunity to recover compensation through a wrongful death claim. It can be tough, though, if you're not familiar with the basic requirements of a wrongful death claim. You'll need help understanding and acting on your claim after the passing of a loved one.


    Meeting the Time Limit

    First, you'll need to ensure that you or your family are acting on time to seek compensation for your loss. When you’ve lost a loved one, you might be focused on their funeral, their final expenses, and your own grief. Understandably, many people in this situation like yours don’t have a lot of time for preparing a lawsuit, which can be time-consuming.

    If they don’t take that time, however, they may lose their chance to file. You’ll only have two years to file your claim after a loved one passes away in a fatal accident. Once that time has passed, you’ll be barred from recovery. Unfortunately, that leaves you and your family with the bills, and you also won’t have the opportunity to bring someone to justice for the loss of your loved one.

    As such, it’s vital that you file your claim as soon as possible. Because your time limit is so short, however, you may need the help of an attorney to file your wrongful death claim on time.


    Finding the Right Family Members

    Keep in mind that the people eligible to file for a wrongful death claim is also limited. To file successfully, you’ll need to be the person eligible for filing a claim. Since the person injured in a wrongful death is of course unable to file, state laws allow others to file on their behalf, but only a few people are eligible to actually file such a claim.

    Typically, wrongful death claims must be filed by a personal representative of the estate. This person is usually designated in the will, and they’ll be the ones to act when your loved one passes away. If they’re not listed, the judge may appoint a representative.

    This representative is often the closest family member, such as a spouse, adult child, or parent (in cases involving the death of a minor). This isn’t always straightforward, however, and if you’re not sure who in your family can file, it’s best to contact an attorney first. They’ll review your claim and determine who’s eligible to file.


    Meet Your Requirements with a Lawyer’s Help

    When you’ve lost a loved one because of someone else’s carelessness, it’s important to get the full compensation that you and your family are owed. However, you may not be sure that you meet the basic requirements to file a wrongful death claim.

    If you’re concerned about your fatal accident claim, reach out for help from the lawyers at Hipskind & McAninch, LLC. We understand that this is a difficult time for you and your family, and we’ll fight to get you the full compensation you deserve.

    To begin, reach out for a free consultation with an injury attorney at our firm. We can discuss your claim and the requirements you’ll need to meet in order to get your compensation. Get started by calling 618-641-9189 or by visiting us on our website.