When dealing with the death of your loved one, you are already experiencing a difficult time. When you find out that someone else’s negligence or intent to harm caused the death of your loved one, it can add insult to injury. If you are considering a claim, here are three things that you need to know.
Know Who Can File a Wrongful Death Lawsuit
The question you have to ask right away is whether you can file a lawsuit. If you are an heir, you may wonder if you have the right to file a claim. The deciding factors will vary in different situations. If you are the spouse or dependent of the decedent, then odds are, you can file a claim.
Know the Statute of Limitations
Every state has its own statute of limitations. It is important to keep in mind that despite the fact that you are dealing with the death of another person that there is a statute of limitations. You have to file the lawsuit in a timely fashion.
Now, the statute it limitations in a lot of states happens to be between two and three years from the date of death. Keep in mind that there are exceptions. For instance, some states require that you file within a few years time of finding out that there was harm involved in the death. For instance, if your loved one dies, but initial reports do not conclude the cause of death or you do not discover that there was someone involved until later, you could still file a lawsuit.
Know the Steps to File a Suit
Once you know that you have a claim, then it’s time to file the appropriate documents. The first document that you file is the petition or complaint. Once you file the lawsuit, the defendant will be served with the appropriate documentation. To help navigate the process, consult with a lawyer in advance. He or she can make sure that you file everything correctly. If you make mistakes, it could invalidate your entire case.
If you plan to file a wrongful death claim, there is a process that you have to undergo. First, you need to be sure that you have a case. Normally, the children, spouse or other family members can file a wrongful death suit. If you suffered any financial loss due to the loss of your loved one, then odds are you have a case. To find out more, set up an appointment with a wrongful death attorney in Houston, TX.
Thanks to John K. Zaid & Associates for their insight into personal injury claims and things to know before filing a wrongful death claim.