Challenges in Filing a Wrongful Death Claim

Many wrongful deaths result from the negligence and thoughtlessness of another individual, business, or party. There are no two wrongful deaths that are exactly alike, and each has its own contingencies and challenges. Because each state has its own laws associated with wrongful death lawsuits, a case by case basis is associated with determining who can file a wrongful death claim. Often times, you must be a surviving spouse or child of the victim, a direct descendent or immediate family member of the victim or the parents of the deceased. In the event you have any personal questions, do not hesitate to contact a wrongful death lawyer Phoenix, AZ relies on to ensure your case is getting the attention it deserves.

When to File

You are required to file your claim within two years of the victim’s death, and if you fail to do so you will most likely have a dismissed case. If the deceased survived the accident, but died later because of it, the survival statute of limitation that allows you to file for wrongful death anyway. You should make yourself mindful of your state’s laws surrounding wrongful death and the survival statute. You should contact an attorney so that they can further explain deadlines to file your claim. If evidence in a wrongful death case is not preserved correctly, it can be lost forever. Witnesses may lose memory of what occurred or the scene of the crime may change. It is advised that you do not wait more than a few months to file, even though it may be traumatizing and you may not be fully over the death of your loved one just yet. However, the most important thing that you can do after losing your loved one is contact an attorney for the purpose of investigating and keeping evidence in tact.

Proof

Proving a wrongful death can be extremely difficult. Because insurance companies and their defense attorneys will do whatever they can to avoid paying for a wrongful death, you must provide proof of wrongful death. You will need to show that the deceased passed as the direct result of negligence. You must also show that surviving members of the victim’s family or beneficiaries need compensation because of this.

Eligible Damages

Damages deemed to be economic are financial losses like financial support and income that the victim would have contributed if they had not been killed in an accident. Noneconomic damages are grief and sorrow, loss of companionship, and heartbreak. The rules of civil procedure and evidence are huge challenges involved in proving damages in a noneconomic damage case. You should definitely contact an experienced lawyer if you are considering pursuing a lawsuit against the business or individual that caused the wrongful death. They can help further assist you in court, in your claim, and make sure that you receive a fair compensation in the settlement.


Thank you to Kamper Estrada, LLP for providing their insight and authoring this piece on wrongful death challenges.