There are no words to describe the anguish from losing a loved one to a severe death case. It is normal to feel disoriented and lost as a result of your family member’s surprise death. As difficult as it may feel, we gently urge you to pursue your wrongful death settlement now rather than later.
What you may not understand is that you and your family deserve financial compensation for losing that special person. And the law puts a period of time on how long you have to petition with an attorney and begin the process.
If you don’t act soon, your family will not receive the money to cover expenses for someone else’s negligence, such as medical bills and funeral costs. The courts do not hold the killer responsible to compensate your loved one’s lost income unless you or an executor pursues them in court.
We care for you and other relatives who need this money to cover debts, weather credit scores, and put food on the table.
What is Wrongful Death?
You may be unfamiliar with the term “wrongful death” and wonder if it fits your loved one’s case. It’s a common misconception that someone causing their death calls for criminal law, but the courts make the distinction based on the killer’s intention. And you would not file a lawsuit for personal injury unless your loved one survived the tragedy.
Wrongful death cases involve your family member’s death without malice or direct action from the defendant. They were not trying to hurt your loved one and it is possible their death was an accident, whether through product liability, medical malpractice, or other means. But the guilty party ignored duties of care that led to their date of death.
You and your kids suffer from additional bills related to the death and lost income you would expect. A major component in wrongful death claims is proving these breaches of duties of care, explaining how they have affected your family’s finances, and demanding fair compensation.
With the assistance of a wrongful death lawyer, you can petition before a judge to earn you the money you deserve so you can recover and move forward.
Wrongful Death Statute of Limitations
Although compensation is the goal for all states while proving wrongful death, each one approaches wrongful death lawsuits differently. Alabama, Georgia, Vermont, and Washington DC state laws all agree that you have 2 years from the time of death to file with a court.
This timeline for filing is called the statute of limitations and it affects how long you have before the courts deny your compensation. If you choose to work with an experienced attorney, you can earn compensatory and punitive damages from the killer. These will help you and your family recover from the financial and emotional losses you have gone through.
Otherwise, you may lose funds to pay for bills that continue to accumulate from your loved one’s death and the ramifications of that.
Who Files with the Statute of Limitations?
It’s easy to assume you are the responsible party for filing, especially if you’re in the immediate family. Carrying the emotional load of your siblings and cousins during this tragedy also pushes you toward approaching the courts. Again, the state you live in legislates who files for financial compensation from your loved one’s death.
For example, Alabama requires the victim’s personal representative or executor to file a wrongful death claim. They control your loved one’s estate, so the judge will deposit money won from the claim into the estate’s bank account. Then, the executor will distribute the funds according to intestate laws, or who the proper heirs are.
Other states like Georgia have a hierarchy for completing county court paperwork to file a claim. Starting with the victim’s surviving spouse, the list goes down to their children, other surviving family members, and eventually to the executor.
You will run out of time to secure your children compensation if you are one of those parties. And the personal representative will get full say in how your loved one’s money is spent and who receives it.
Attorneys that Walk You through the Case
As much as we plead to petition for a wrongful death claim before the statute of limitations runs out, we understand most attorneys don’t care. There is a small window of time immediately after your loved one’s death to collect evidence. And your case can sink without a legal team that jumps on it faster than you do.
Our wrongful death attorneys have helped hundreds of clients fight for the compensation they deserve in probate. We don’t get paid until you do, so we’re committed to you and your family before money hits the table.
Listening to your story and hearing about the wrongful death accident is the first step toward petitioning in court. You can speak with one of our empathetic lawyers today by calling (334).269.3230 and we can assist you.