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Why Wrongful Death Cases Are More Challenging Than Personal Injury Cases

Filing a wrongful death claim can be more difficult than filing other types of claims, such as personal injury, because there are unusual obstacles that exist with a wrongful death case. With a car accident, the party responsible for the accident might be clear and your injuries might be obviously related to the accident. However, wrongful death cases come with unique challenges.

A Lawsuit Might Be The Last Thing On Your Mind

As you are grieving after the loss of a family member, you may find it difficult to make sound decisions. By filing a wrongful death claim, you will find yourself reminded of the incident that leads to your loved one's death and will have to discuss it frequently. However, not only do you deserve compensation, but you can punish the defendant to prevent them from acting negligently toward someone else.

You Must Determine Who Is At Fault

Another challenge for a wrongful death case is determining who was at fault. Because the victim is deceased in this case, you will not have them as a witness. The defendant may make false claims about what occurred to avoid liability or may never come forward in the first place. 

You Must Calculate Damages

Wrongful death cases often have a larger number of non-economic damages. These include:

  • Pain and suffering
  • Loss of guidance
  • Loss of consortium
  • Loss of companionship

If you are not certain about what damages you might be eligible for, consult with a wrongful death attorney.

Wrongful Death Attorneys Save Time

Hiring a wrongful death attorney can make the process much easier. The wrongful death attorney will be able to save you time and money. The attorney has the knowledge and experience that you do not have. Educating yourself on all the intricacies of the wrongful death rules and statutes in your case may be impractical. Your attorney also knows exactly which documents need to be filed and at what point in your case.

You might be busy with your life, but you need to file your wrongful death claim in at least two years. Otherwise, your wrongful death claim will be outside the statute of limitations. If your loved one is still alive, but you expect them to pass away, speak with your wrongful death lawyer about whether you may begin the process. You may want to speak with witnesses because a witness can easily forget the details of what occurred during the accident.

Reach out to a wrongful death attorney today for more information.

About Me

Finding Someone Who Can Be On Your Side

About six years ago, I was involved in a terrible car accident. After the wreck, I was faced with my own recovery in addition to working and caring for my kids. Against my better judgement, I tried to take care of things on my own at first. Unfortunately, I found that the insurance adjusters were less-than-accommodating. To improve my chances of winning my case, I contacted a personal injury attorney. In addition to being on my side, my attorney fought hard in court. My blog is filled with information about personal injury law, because I want you to know which options are available to you.