If you are someone who has experienced the sudden death of someone in your family, or you are thinking about filing a wrongful death case on behalf of someone else in your family, you may want to learn a bit more about how these cases work. Even though these cases are a little problematic, there are many people who successfully file wrongful death cases and receive the compensation they deserve. In most of these cases, they get compensation because they have hired a competent attorney. For instance, if you are in the Salt Lake City area, you may want to talk with the Eisenberg Gilchrist & Cutt law firm about your case.
But what are the five most common questions people have about wrongful death cases? Let us take a look:
1. Who can sue?
If you have a family member who may have passed away due to such circumstances, you may wonder about who in the family is able to file a wrongful death suit. In most cases, it is the surviving family members who depended on the person that passed way – such as their wife, husband, children, siblings, grandchildren or domestic partners. These cases are a little tricky, but anyone who was negatively impacted by the person’s death can file a wrongful death suit.
2. Workers Comp or Wrongful Death?
If one of these cases happens to occur at work, what is going to happen? Are you meant to file a wrongful death suit against the company that caused you harm, or are you going to file a workers’ comp case against them? in most cases, if someone dies, it means you are filing a wrongful death suit, even if it is against the company or business where the individual worked. Workers’ comp is more applicable when the person suffers injuries that cause them serious problems, but do not result in death.
3. What is Wrongful Death of the Mother?
When we are talking about wrongful death of the mother, we talk about situations where a parent may have passed away during child birth. These cases are extremely complicated, because it is very hard to prove that there was malice or negligence involved, but it does not mean you have no avenues to pursue a case. It is best to talk to an attorney about such a matter to see what they have to say.
4. What Damages Are Awarded?
The damages awarded depend on a few things, such as the amount of financial hardship suffered by the individual or individuals who are filing the wrongful death suit. In addition, it depends on the circumstances where the person passed away. Again, you are better off talking with your attorney about the matter, because they can advise you on how much you could get through a wrongful death suit.
5. When is it Too Late to Sue?
Each state has their own statute of limitations on these cases. That is why you are encouraged to contact a lawyer as soon as possible, because you do not want your window of opportunity to run out.