Family members and relatives are deeply affected by the loss of a loved one. If the death of a loved one is caused due to a wrongful act of another party, the family members can move to court. In such a case, the family members or dependents can seek compensation or justice for their deceased member.
Choosing the right law firm helps to get justice and compensation in wrongful death cases. This blog explains the meaning of wrongful death lawsuits and statutes of limitations.
Meaning of a wrongful death lawsuit
It is necessary to know the meaning of this term before learning its limitations. The term wrongful death lawsuit is a type of legal act performed by the surviving family members of the deceased person. The death of the person could be due to a few reasons such as:
- Recklessness of another party
- Negligence of other parties
- Wrong intentions of another party
Immediate family members, partners or children can fight for justice and compensation under these lawsuits.
What are the statutes of limitations?
This section explains the statute of limitations in detail. It is a kind of legal deadline within which the legal proceedings are carried out. These time limits solve the legal claims within the right time and with the help of evidence.
Statutes of limitations are beneficial in many ways such as:
Judicial efficiency
Statutes of limitations set a time limit on every legal claim. This approach reduces the burden of stale cases in the court. It also helps in the proper utilization of all the available resources.
Preservation of evidence
Physical evidence might get lost or misplaced with time and use. The statute of limitations helps the victims to bring their claims when the evidence is reliable.
Justice for defendants
A statute of limitation offers a high degree of certainty to the defendants. They do not face any threat of legal action in this approach.
Who can claim a wrongful death?
In the case of the death, the family members or dependents of the deceased person can claim a wrongful death. Apart from that, the wrongful death can also be claimed by the following people:
- Parents or children of the victim
- Siblings and grandparents are eligible to claim a wrongful death of a deceased person.
- Financially dependent individuals can claim a wrongful death. These individuals include life partners, domestic partners, and any person who received financial support from the deceased person.
- Personal representatives of the deceased persons can also file a claim in these cases.
- The kind of jurisdiction and certain situations of these cases affect eligibility criteria as well. Some other factors also affect eligibility like the marital status of a deceased person and his relationship with family members.
Common causes of wrongful death
Many incidents play an important role in causing a wrongful death of a person. This section lists the incidents that can cause a wrongful death of a person such as:
- Bicycle accidents
- Pedestrian accidents
- Incidents occurring at the workplace such as fire incidents or short circuits
- Malpractices in the medical field like surgical errors and the wrong use of drugs
- Criminal behaviors like stabbing or shooting
- Product liabilities
These incidents cause the death of a person in many cases. The family members will easily receive compensation if the person dies due to a wrongful act of another party.
Who causes a wrongful death?
Many parties are responsible for the wrongful deaths of people such as:
- Medical practitioners and nurses
- Driver’s employer and drivers
- Pharmacists
- Product designers and retailers
Conclusion
Receiving compensation in a wrongful death lawsuit is a lengthy process. The family members can choose an attorney to solve these cases and get compensation and justice. They collect evidence and study the case properly to give justice and compensation to family members and dependents.
References:
- https://wilshirelawfirm.com/blog/understanding-wrongful-death-statute-of-limitations-a-quick-guide/#:~:text=Wrongful%20Death%20Statute%20of%20Limitations%20Time%20Frames,that%20apply%20to%20specific%20circumstances.
- https://www.boohofflaw.com/statute-of-limitations-in-a-wrongful-death-case/
- https://www.levininjuryfirm.com/wrongful-death-statute-of-limitation/
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