There are many duties to undertake and emotions to wade through for family and friends after the death of a loved one. During this sensitive time, survivors of the deceased might decide to seek damages if they believe someone else is responsible for the death and it could have been prevented, also known as a wrongful death.
A wrongful death occurs when someone dies as a result of the negligence, deliberate act or recklessness of another. Laws regarding wrongful death cases will vary from state to state, however, there are some details that remain constant. If you’re considering pursuing a wrongful death claim, you may come across a lot of misconstrued information in the process, but your Redding wrongful death attorney can guide you through and help explain the facts.
Myth #1: Any Relative Can Begin a Wrongful Death Claim
There is frequently some confusion about exactly who’s eligible to file a wrongful death case. Again, this may differ according to state laws, but generally, you may file if you fall into one of these categories: spouse, child or parents of unmarried children. While not just anyone can lay claim to wrongful death compensation, there are some states that recognize filings from distant relatives, domestic partners, parents of a deceased fetus and anyone else financially suffering because of the death.
Myth #2: There’s No Time Limit on When You File
The length of time you have to file a wrongful death claim will depend on your state as well, but no matter where you reside, you definitely won’t have all the time in the world to get it done. Waiting too long can cause the case to be dismissed and no damages will be rewarded.
Myth #3: Only Claims Concerning Calculated Deaths Receive Compensation
Wrongful deaths are commonly the result of circumstances such as medical malpractice, car accidents and product liability, and there are many factors that go into deciding the outcome of a claim. Whether the act leading to the death was intentional or inadvertently committed by a third party, it does not automatically determine if compensation is awarded or not.
Myth #4: The Insurance Company Has Everything Covered
Many people wrongly assume that the insurance company will gladly take care of all expenses involved with the untimely death of their loved one. In reality, family should be prepared in case claims are denied and the insurance company insists the incident wasn’t covered under the policy. Dealing with the insurance company of the accused party without a lawyer present can also leave you with a huge headache and a less than fair settlement.
Myth #5: You Don’t Need the Help of a Wrongful Death Attorney
An experienced wrongful death attorney will take the weight off your shoulders when filing a claim and assist you in all aspects of the process. Trying to understand complex laws can be distracting, and not being knowledgeable about the process could end up taking away from the amount of the settlement you’re entitled to.
Having a Redding wrongful death attorney on your side will ensure that you can tell the facts from fiction when filing a claim and will help you receive the appropriate compensation to take care of your needs.