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Wrongful Death Claims: Addressing Common Questions

Losing a loved one can be one of the most stressful experiences that you can go through, and this can be made even harder when the loss stems from the actions of another person. While you may want the person responsible to go to jail, this may not always be possible, and this is particularly common in accident cases. Fortunately, you may be able to pursue some justice through the civil court system, but you may have a couple of questions needing to be addressed about wrongful death cases. 

How Are You Compensated For The Loss Of Income From The Deceased?

When the victim of the wrongful death was the primary earner for the family, the loss can take on more than just an emotional aspect. In these instances, it is possible for the family to lose everything, as they may be unable to afford rent, food and medicine. Luckily, the courts will take great care to calculate what the approximate income of the deceased would have been for the remainder of their lives. 

This is done by multiplying the deceased's average yearly income over their expected lifespan. While this may sound like a cold way to treat the deceased, it is the fairest way to determine their financial contribution. 

When Can You File The Wrongful Death Claim?

Not surprisingly, many people will want to pursue justice for their loved one as soon as possible. However, it should be noted that there can be any number of reasons why you may not be able to file this claim right away. For example, there are many states that have strict laws governing who is eligible for filing a wrongful death claim and when they are allowed to file it. Typically, these laws place emphasis on members of the victim's immediate family, and they will usually have a set amount of time to exercise their right to sue. In instances where they choose not to pursue action in the time allowed, the remaining immediate family members and business associates may be given standing to file a wrongful death claim. 

Unfortunately, these laws and regulations can vary by a tremendous amount from one state to another, and you will need to speak with a professional attorney that specializes in wrongful death, like those at Welsh & Welsh PC LLO, to make sure you understand the process and determine if you have eligibility to sue. 

Filing a wrongful death claim is something that most people never want to have to go through, but it is often the only way to receive justice following an accidental death. By knowing how compensation is determined and who can file this type of lawsuit, you will be better able to ensure that your loved one's death is vindicated while also blunting the financial consequences of the death.