The absolute worst possible outcome of any situation is the death of a loved one. Unfortunately, every day, innocent people are killed through the negligent, or even intentional, acts of other people or entities. If you have experienced this tragedy, you likely find yourself in a whirlwind of emotions, and likely with many more questions than answers. And, unfortunately, some of those questions may have to do with whether you have any legal claims.
Wrongful death claims are never brought without due consideration to many factors. In addition to the loss and grief felt by family members left behind, such a loss can bring a great financial burden. Compensation may be able to help ease such burden, and careful attention must be paid by an attorney analyzing what compensation may be due to those survivors.
Do I have a Wrongful Death Claim?
A wrongful death claim is brought under a theory of negligence. To be successful, a claimant must prove that the party causing the death must have had a duty to the deceased that it breached, and that breach must have caused the death. The resulting damages extend to the loss suffered by the surviving family members. An attorney must assess all of these factors to determine whether a claim exists and the potential legal damages of such a claim.
Statute of Limitations
Unlike a general negligence claim that generally has a four-year statute of limitations, a wrongful death claim is limited to two years. Therefore, it is imperative that you act quickly to assess any potential wrongful death claims.
At Carpenter Gandhi, we sincerely hope that anyone reading this page is doing so simply to obtain more information and not because they have suffered such a loss. However, if you have lost a loved one and are in need of a consultation with an attorney, our attorneys are prepared to meet with you to discuss any questions you may have.