Limitations on Recovery in Wrongful Death Cases
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The best way to get information on recovery is to meet with an experienced attorney and discuss it with them as soon as possible.
When is the right time to file?
There are a lot of factors that might play into this question. Generally, there’s a 2 year time limitation in which you can pursue a case for a personal injury, which is the category that wrongful death claim falls under. You also will need to take into consideration who the defendants are, and whether it’s a state, city, or some other municipality.
Generally waiting on these cases is never going to benefit you because there’s a lot of evidence that needs to be preserved, and there are certain steps that may need to be taken, particularly if a governmental entity is a potential defendant. In a lot of these cases, we may want to file the case very early so that we can preserve the evidence or obtain the evidence that’s necessary to pursue the case.
Who can make recovery?
Another consideration on limitations and the recovery of wrongful death cases is who can actually recover? The wrongful death claim is created by statute that sets forth specific people that can recover. It is usually the spouse of the deceased, the children of the deceased, and the parents of the diseased. There are no claims for grandchildren, and there are no claims for siblings.
How are wrongful death claims calculated?
A question that is often asked is: “How much will each person get?” Sometimes there are several claimants, and they all have different relationships with the deceased. Perhaps some of the children had a close relationship, some didn’t, or some were step children. This is not something that is defined by code or some other guideline. This has to be decided by the parties involved, or if the case goes to trial, by the jury or judge. They will decide based on relationships of the parties and the financial support needed. In a lot of cases, the parties simply reach an agreement between themselves as to how the money should be split.
If you or someone you know needs advice regarding a wrongful death case, call us. The attorneys at Zinda Law Group are experienced and knowledgeable in all areas of personal injury and wrongful death. At Zinda Law Group, we care about you, not the money. Call us today, toll free, at (800) 863-5312 for a free consultation. No Recovery, No Fees.