Wrongful Death Claims: Seeking Justice for Your Loved One’s Tragic Loss

Experiencing a loved one’s death is already a very traumatizing thing, but if the negligence of someone else causes that death, it becomes even more painful to just sit back and cry. If you have lost a loved one because of someone else’s fault, you might need to file a wrongful death claim to seek justice for the deceased. 

Nothing can replace the loss of a loved one, but holding the at-fault party accountable can give you a sense of peace. Seeing a personal injury lawyer in Austin can be helpful to strategize the tailored wrongful death claim to receive the deserved justice. 

How to File A Wrongful Death Claim?

Following are the steps you need to follow to file a successful claim for wrongful death of a loved one:

• Consult With A Wrongful Death Attorney

Dealing with the wrongful death of a loved one can really mess up your mental state. It can affect the way a person behaves, makes decisions, or plans their future. It becomes hard to stay in your senses and make rational decisions, but at this point, there is something that a loved one should do for their deceased family member. 

And that is to seek justice on their behalf. Before making any irrational decision, it is crucial to consult with a wrongful death attorney. An attorney will help you to investigate the incident and the actions that caused the death. 

You will also calculate the financial and emotional damages with the help of your attorney. Financial losses include burial expenses, vehicle damages, and any property damages, while emotional damages include the pain and suffering of losing a loved one. 

Your disturbed mental health resulting from the trauma of losing a loved one also falls under the pain and suffering. There can be financial damages linked to the death of a loved one, for instance, if the deceased was contributing to taking care of your family or house. 

And now your family has to face financial loss; in cases like these, there is financial compensation for the loved ones who are suffering financially. Any amount of compensation can never be enough in a wrongful death claim, but at least it provides some sense of justice and financial support to the struggling family. 

• Filing A Claim According to the Statute of Limitations

If you are thinking of filing a wrongful death claim, this is something you need to keep in mind. Time is very crucial when it comes to serious claims like the wrongful death claim. There is a statute of limitations that only allows victims to file a claim under a given time period. 

Different states have different time limits. Usually, a family member like a son, daughter, mother, or husband can only file a claim within two years from the date of the death of a loved one. It is just like the other personal injury claims. 

If you are planning to file a wrongful death claim after the given time period, know that you have already lost the right to file a claim. 

• Preparing Your Case

Preparing a wrongful death claim is not one man’s work. You and your death attorney will have to work together to prepare a successful claim. Obviously, the court will come up with a final conclusion, but having a well-prepared claim and presenting it neatly is everything. 

That’s what you can do by helping your attorney prepare a perfect and detailed claim. This is why hiring a competitive and excellent attorney is vital: someone who can show compelling evidence to present a convincing case to the jury.

Compensation According to Damages

If the court comes up with a final conclusion that states the death of your loved one is a reason for someone else’s negligence, they will make sure that you get the deserved compensation. Any amount of compensation cannot bring back the person you lose, but it can provide some support in difficult times. 

And it also gives some boost to your positive mental state that you have done something for your loved one, and you fought their case for them. After concluding a wrongful death claim, judges would divide the compensation into two categories: financial and non-financial damages.

What Can Be the Part of Damages?

Financial or economic damages cover several expenses, like benefits, gifts, domestic or other services that the deceased would have provided, burial expenses, medical treatment bills, etc. The non-economic or non-financial losses include emotional losses like kindness, care, protection, intimacy, love, emotional support, etc. 

The list of damages is so hard to calculate after losing a loved one. It is sure a trying experience to deal with a loved one’s death. However, fortunately, you have a chance to get justice for your loved one by filing a successful claim for a wrongful death case.