Understanding Wrongful Death Lawsuits: Frequently Asked Questions
Losing a loved one due to someone else’s negligence is a devastating experience. Wrongful death claims provide a legal avenue for seeking justice and compensation for such tragic losses. Our wrongful death attorneys have years of experience handling Doña Ana County’s most sensitive cases. Here are some of the most frequently asked questions we see.
1. What Constitutes a Wrongful Death Claim?
A wrongful death claim happens when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. It could involve various scenarios, such as car accidents, medical malpractice, workplace incidents, or defective products. To pursue a wrongful death claim, certain legal criteria, including proving negligence or wrongful conduct, need to be met.
2. Who Can File a Wrongful Death Lawsuit?
Typically, immediate family members like spouses, children, or parents of the deceased can file a wrongful death lawsuit. However, laws regarding eligibility to file such claims vary from state to state. In some cases, extended family members or dependents may also have the right to seek compensation for their loss.
3. What Damages Can Be Recovered through a Wrongful Death Lawsuit?
Damages in wrongful death lawsuits often cover various losses incurred due to the death of a loved one. These may include medical expenses preceding the death, funeral and burial costs, loss of financial support, loss of companionship, and emotional pain and suffering. The specifics of recoverable damages depend on state laws and the circumstances of the case.
4. Is There a Time Limit for Filing a Wrongful Death Claim?
Like other legal actions, wrongful death claims have a statute of limitations, specifying the time frame within which a lawsuit must be filed. The time limit varies by state, typically ranging from one to three years from the date of death or discovery of the cause. Failing to file within this window could result in the loss of the right to seek compensation.
5. How Can an Attorney Help with a Wrongful Death Claim?
Seeking help from an experienced wrongful death attorney is crucial in filing a lawsuit. An attorney can evaluate the case, gather evidence, negotiate with insurance companies or opposing parties, and represent the family’s interests in court if necessary.
Contact The Law Offices of Kenneth G. Egan today or give us a call at (575) 523-2222 to get started with a free consultation. Don’t go a this alone – let our experienced car accident attorneys help! We are located at 1111 Lohman Avenue, Las Cruces, NM, 88001 and are proud to service the surrounding areas, including Doña Ana, Santo Tomas, La Mesa, Fort Selden, Radium Springs, and beyond.