Losing a loved one in a workplace accident leads to unanswered questions and frustration in the grieving process. Not only do you have to deal with the aftermath of heartache and grief, but you must also press for answers. Filing a wrongful death claim will not bring back your loved one, but it can help ease financial strains and give a sense of closure. The wrongful death claims process can be confusing and emotional. Navigating the system becomes more manageable with professional legal help.
What Is a Wrongful Death Claim?
Before seeking a wrongful death lawyer, it helps to understand the claims process. A wrongful death claim is a legal process enacted by eligible surviving family members, such as spouses, parents, or children. Surviving family members can file wrongful death claims if their loved one dies as a result of another party’s negligence, recklessness, or intentful actions. In the workplace, a wrongful death claim may result from the following:
- Failure of management to provide a safe working environment
- Faulty equipment from manufacturers
- Violations of safety rules committed by companies
Who Is Eligible to File a Wrongful Death Claim?
Not everyone can file a wrongful death claim. The rules vary by state, so it is essential to research your local laws. The following parties are usually eligible:
- Immediate family members such as spouses, children, and parents
- Financial dependents
- The personal representative of the deceased’s estate
When Can You File a Wrongful Death Claim?
Knowing when you can file a wrongful death case is essential for helping avoid needless stress. Many workplace accidents and deaths involve workers’ compensation insurance claims. These insurance policies provide benefits to surviving family members. In some instances, family members may be able to pursue a wrongful death claim outside of a workers’ compensation claim.
- Third-party liability: These death claims involve a responsible third party other than the employer.
- Intentional acts: You may be eligible to pursue a wrongful death caused by deliberate acts. You may also be able to pursue criminal charges in some cases.
- Gross negligence: Surviving family members can often pursue wrongful death claims if the employer’s actions were grossly negligent, directly causing the victim’s death.
Understanding the Steps Involved in Filing a Wrongful Death Claim
It is essential to understand the statute of limitations in your state that limits the time you have to file a wrongful death claim. Most states give at least two years, depending on the circumstances surrounding the death. Failure to file within the time constraints could result in a denial.
Hiring an experienced wrongful death attorney is critical. Navigating the wrongful death claim process is confusing and often overwhelming. Hiring an attorney helps you identify the responsible parties to pursue. Attorneys help your family gather evidence and act as your advocate through negotiations and litigations. You are more likely to receive a favorable outcome if you have professional legal guidance to make pertinent decisions.
You will also need to determine the damages. This is where hiring an attorney becomes especially helpful. There are several types of damages you can pursue:
- Economic
- Non-economic
- Punitive
Before you file a wrongful death claim, consider scheduling a consultation with a wrongful death attorney. Many attorneys offer free consultation appointments and may not require upfront payments. It is essential to explore your options for legal help. They can make the process less intimidating and more effective.