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Losing a loved one is a painful experience, especially when their death was the result of someone else’s negligence. If you lost someone close to you in an unexpected accident, consider the benefits of filing a lawsuit.
A Gilbert wrongful death lawyer could handle your claim as you grieve with your family. Though a legal claim cannot bring your loved one back, our compassionate accident attorneys could do everything in their power to obtain compensation for your relative’s death.
Unlike other personal injury lawsuits, the plaintiff in a wrongful death claim is not the accident victim. The purpose of a wrongful death action is to provide legal remedies to compensate the decedent’s surviving family members.
Because of this crucial difference, families should not attempt to pursue a case on their own. Any errors in drafting or filing the claim could jeopardize a person’s chances of recovering damages. A skilled lawyer in Gilbert could advise individuals on the proper way to pursue a wrongful death action.
Only certain people have the right to file a wrongful death lawsuit. These family members include the surviving spouse, children, parents, or guardians. Alternatively, the deceased’s estate representative may file a claim on behalf of one of the family members mentioned above.
It is also important to note that an individual is only permitted to file a fatal accident claim if the deceased person would have been able to pursue a personal injury claim had they survived the accident. Anyone with questions about their rights to wrongful death benefits should consult with a knowledgeable attorney.
As with all other civil claims, there are potential obstacles to recovering compensation. The defendant may use several tactics to deny liability for the accident.
For example, the at-fault party may argue that the deceased person was partially responsible for the accident. Speeding at the time of a collision with a drunk driver may constitute partial liability, limiting the amount of compensation available to the surviving family members.
The defendant may also argue that the plaintiff failed to sue the correct person. This defense is often used in hit and run cases where the negligent driver’s identity is unknown.
Failing to file a claim within the legal deadline could also harm an individual’s chance of successfully obtaining compensation. According to state law, fatal accident lawsuits must be filed within two years of the date of the victim’s death. A dedicated lawyer familiar with the statute of limitations could prevent families from missing the deadline to file their wrongful death claims.
If you have questions about how to file a fatal accident case, consider speaking with an attorney at Zanes Law to learn more about the legal process. A Gilbert wrongful death lawyer could help you and your family seek justice for your loved one. Contact our office today to set up an initial consultation to discuss your claim.