Elements of a Wrongful Death Lawsuit

Elements of a Wrongful Death Lawsuit
May 8, 2017 Author
wrongful death

A wrongful death occurs when a person dies from the negligent action of another person or entity. In most cases, this type of death is associated with an accident. In some cases, this type of death is associated with a criminal act.

Elements Of A Wrongful Death?

Every state has specific laws regarding this type of legal proceeding. To file for compensation and losses from a death that was the result of a negligent action, most states require that the following elements be met:

 

  • The death must be a direct result of the negligent action. For example, if a car runs a red light and hits another car resulting in a death, a negligent action occurred causing that death.
  • The legal action must be filed by the estate of the deceased or by specific family members designated by law. In most cases, the designated family members are the surviving spouse and any minor children. There are exceptions to this law, however, and these exceptions should be discussed with an attorney.
  • The legal action must be filed within the Statute of Limitations for the state. Under most circumstances, a lawsuit of this type must be filed within 2 years of the death occurring.

 

Speak With A Jacksonville Wrongful Death Lawyer

When you have lost a loved one due to the negligent actions of another, the devastation and emotional trauma that you endure cannot be easily described. Add to this trauma the financial hardships associated with the event and a family faces challenges for which they are not prepared. Because of this, it is important to speak with a wrongful death attorney as soon as possible after the event has occurred.
Your Jacksonville wrongful death lawyer can help your family recover some of the financial losses it is facing by seeking compensation from the responsible party. While it is understood that this will not help ease the emotional trauma that you are experiencing, it will help eliminate some of the financial burden associated with your loss. This elimination of stress will allow your family to concentrate more on the emotional healing that each person will need. Your lawyer understands that this is a very delicate situation and will handle it with the utmost compassion.

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