Death is an immensely difficult event to deal with. There are many emotions and feelings that you have to deal with. If you have lost a spouse or family member, you may have a case of wrongful death that you can file through a court to gain some financial assistance and relief from the difficulty.
Before you send in the claim, however, you need to consider a few factors to determine first whether or not you qualify in the first place, and what to expect after. Here are some key points that will guide you in terms of what qualifies you and what to do moving forward.
Qualifications
If you have lost a loved one due to an accident, you may be able to file a wrongful death claim. A loved one may be eligible to claim a wrongful death if they have lost their spouse or loved one in the event of an accident such as a car crash, collision, or accident on the job, due to medical malpractice, or in another similar qualifying event. One way to understand if a wrongful death claim is appropriate to file and will have a likelihood of success is if the claim you are filing will provide the same results if your loved one would have survived such an incident. If you don’t believe you could file such a claim for an accident that leads to injury or illness, then that would be a quick indicator of what qualifies someone for wrongful death. Additionally, you have to show that you are negatively impacted by the loss, not just financially, but also emotionally or psychologically. Those terms will be used to qualify you for such a claim. You do not have to be a spouse, but also a family member, but those connections must be proven.
Legal Representation
If you feel that you have the right circumstances and qualifications to claim a wrongful death lawsuit, you should first seek the counsel of legal professionals. It is important to speak to an attorney that specializes in wrongful death lawsuits. According to legal experts from https://www.injuryclaimnyclaw.com/wrongful-death-lawyer/, your advisors will be able to guide you through the process and assist you with any questions you have. There are a lot of proceedings and complexities, not only in the process of the case filings but also that will involve the money in question if a claimed file is successful. It is best to have a lawyer present as they will be able to act as a neutral party when involving such issues and disputes.
Obtaining Medical Records And Gathering Evidence
You have the right as the family member of a deceased person, you have the right to get the medical records of that person. You have to go to the hospital or doctor’s office, sign a contract or statement that determines you are indeed a family member of the deceased, and under the law, they have the obligation to turn over those medical records to you. Once you have those records in hard, you can use them to investigate a death to determine if you have a legitimate case on hand. However, if you choose to not utilize medical records, you are still able to pursue a wrongful death claim using other evidence in court to prove your case.
Money Division For Heirs
If a wrongful death claim has been successful and there is a monetary payout to the family members of the deceased, the money will not always need to be divided up equally. In such an outcome, the family members who can show evidence that they have been impacted by the loss will be given the opportunity to decide how to split the money. If they are unable to determine between themselves an agreed-upon outcome, the responsibility to decide how the money is shared is then put forth unto a judge. It is in most families’ best interests to come to a decision that is satisfactory for the majority of the group if not all.
Death is a serious matter that greatly impacts people, sometimes long after the person has passed away. If a wrongful death has occurred due to negligence and could have been avoided, the impact and emotions that one experiences are truly felt as the death occurred as a shock. This such a situation, you need to consider filing a wrongful death claim to at least cover the financial damages that you have suffered due to your loss.