Can money or anything else fill the gap of the loss of your loved one? No doubt no one can fill this gap and losing a loved one is a terrible and most painful experience. And it’s the worst thing when being a family member you get to know that your loved one loses their life due to the negligence of another person. The whole family suffers from emotional and mental trauma along with financial loss if the deceased were the one who supported his family.
However, being a spouse, children, or having a blood relation with the deceased, you think that your loved one lost his life because of someone else’s fault. Then you have the full right to take legal action against the wrongdoer. You should take the help of an Albany personal injury attorney. Your lawyer will guide you on this legal matter. Your lawyer will claim the compensation on your behalf including financial losses like medical and funeral expenses of the deceased one. And other non-economic losses you and your family have done through.
I know this compensation won’t fill the gap or won’t overcome the grief but seeking lawyers’ help and claiming compensation is your right to get justice. And most importantly this is how the wrongdoers will get a lesson.
Who Is Responsible for the Wrongful Death of the Person?
A wrongful death lawsuit takes place when your loved one loses his life due to the negligence of another person. Here are some examples of situations in which you can file a lawsuit.
- If your relative died during a car accident due to the negligence of another person
- Your relative died due to the negligence of a doctor
- If your relative died at the workplace due to negligence of a co-worker
There can be several other negligence reasons for the wrongful death of your loved one but you have to prove the negligence. For that, you can take a lawyer’s help. Your lawyer will investigate the case.
Who Can File a Lawsuit on Behalf of a Deceased Person?
The family members of the deceased person can seek justice on the behalf of their loved one. The family members include
- Spouse
- Children
- The blood relative like a brother, sister, mother or father
- Or descendants like grandchildren
- And other dependents
Filing a Lawsuit Before The Time Runs Out
Every state has a specific statute of limitation which means the period is fixed. Under a certain period, you can file a lawsuit and every lawsuit has a different time limit.
Your lawyer will let you know about the statute of limitation for the wrongful death lawsuit. You should file a case under that period otherwise you won’t be able to file a lawsuit.
Some of the Most Important Steps
There are some essential steps to follow if your loved one died due to the negligence of another person.
•Obtaining Death Certificate
Firstly, you should obtain a death certificate of your loved one from the healthcare department or the hospital. Don’t forget the medical record of the dead body. This medical record and the death certificate will be used as evidence. The medical record will highlight the reason for the death.
For example, your loved one who had an accident was taken to the hospital and died in the emergency room. The doctor will give you a medical record and death certificate as well.
•Contact a lawyer
Contacting a lawyer is one of the crucial steps. You should contact a lawyer as soon as possible. The lawyer’s help plays the most important role if you are willing to file a lawsuit. And if you have any kind of confusion, your lawyer will help you to clear that and guide you legally.
There are several benefits of hiring a lawyer, your lawyer:
- will support you in every step
- negotiate a fair settlement
- defend you
- represent you in the court
- hold the wrongdoers accountable
- help you to win a lawsuit
•Help Your Lawyer in Collecting the Evidence
Share the whole of the incident with your lawyer. Your lawyer will investigate the case and collect the evidence.
•Communicate with the Defendant
If the defendant is giving you an offer for a settlement then communicate with him. And consult your lawyer for negotiating a fair settlement.
Take Away
Indeed, losing a loved one due to the negligence of another person can leave a traumatic effect on the emotional and mental state of the family. And if the family was dependent on the deceased person then the whole family suffers financially as well. Don’t worry, you can take the help of Albany personal injury attorney. Your attorney will help you to get justice and claim monetary compensation including medical bills, funeral expenses, and the loss of net income and earnings.
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