A death among family members is sure to bring about a lot of suffering, no matter what the cause of death was. In some cases, a family member may have died for wrongful reasons, or due to the negligence of a third party. In the event of sudden or wrongful death, family members often look to pursue justice as quickly and as adamantly as possible. There are many times where a case for a wrongful death claim can be made. But how can you tell if you have a wrongful death case? What are the signs that you and your family can receive legal and monetary compensation for the death that occurred? Here are some of the signs below.
- How the Death Was Caused
Obviously, the victim must be deceased for a wrongful death claim to be filed. Secondly, it has to be proven that the death was caused by another person’s negligence. The defendant will try to defend their status as innocent, but if you can prove that they had a duty of care towards the victim, then they can be sued for a wrongful death charge.
One of the most common examples of a breached duty of care is when an intoxicated driver gets behind the wheel. They are then putting themselves and everybody else at risk when they choose to drive irresponsibly. That type of negligence can lead to many wrongful deaths.
- Legal Permissions
Unfortunately, not every family member has the legal ability to file a wrongful death claim against a defendant. In some states, only the victim’s spouse, children, or parents can file a claim. In other states, siblings and more distant relatives can get involved with the claim as well. It all depends on your familial status to the deceased victim. If you do not have legal permissions, you can get in contact with somebody who does.
- Time Elapsed Since Death
Many courts will only allow a wrongful death case to be established if the death occurred within a certain time frame. Anything from six months to two years is allowed to pass before a claim is started, but any longer than that and the court will immediately dismiss it.
If you believe that you have a wrongful death case on your hands, you should act as quickly as possible.
- Get in Contact Immediately
To start your wrongful death claim, follow us on John V. O’Connor to get in touch with our Racine wrongful death attorney right away. It’s only a matter of time – make sure that you defend your loved one the correct way!
