3 Things You Should Know Before Filing a Wrongful Death Claim

by | Jan 14, 2022 | Law Firm

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When a loved one dies through the fault of another person or business entity, you may be able to seek damages. While this isn’t true in every untimely death, consulting a Racine wrongful death attorney can help you determine if the death was the result of negligence. Before you do consult an attorney, it can help you understand a little more about what’s involved in pursuing this type of claim.

Only Certain People Can File the Claim

One of the first things you should understand is that you may not be able to file the claim yourself. A personal representative is chosen to file the claim on behalf of the deceased individual. While laws vary from state to state, most establish that the personal representative can only be a spouse, an adult child, or the parent of a deceased minor child.

Your Time is Limited

You should also know that you only have a limited amount of time to file a wrongful death lawsuit. In most states, that time limit is two years. Considering it may take time to hire a lawyer and negotiate with insurance companies, any delay could cost you the ability to file your claim.

Insurance Companies Will Try to Settle For Less

Your Racine wrongful death attorney can provide a full list of damages you’re entitled to seek. In most cases, this includes funeral and burial expenses, medical bills, loss of income, and pain and suffering. An insurance company will try to settle for less than the total amount you should receive, which is why it’s important to consult an attorney in advance.

The Law Offices of John V. O’Connor can help you determine the strength and value of your wrongful death claim when you schedule a consultation via their website at https://jvoconnor.com/.