Filing A Wrongful Death Claim After An Accident

When a person dies because of an accident, their loved ones may file a claim for wrongful death on their behalf. This type of case is a form of personal injury case, but differs in a few important respects. One of the most important differences is who can file the claim.

In a wrongful death claim, the injured person's heirs are the plaintiffs. Immediate family members are usually the only ones who can claim to be heirs. Spouses, children, and parents are all considered immediate family in this context. When the injured person has no immediate family, another relative may file on their behalf. Step-children may also be heirs if they are still financially dependent upon the deceased person.

Heirs are treated like a class in this type of case. This is true even if the heirs are at odds with each other. The case is usually tried with a single, representative heir acting as the plaintiff on behalf of all of the heirs. If an award is given, all heirs must share it. It is possible for an heir to waive his or her rights to a part of the settlement, but the representative heir may not exclude one or more on their own. For more tips and ideas about accidental death attorneys,  visit http://www.accidentesutah.com/utah-abogados-lesion-catastrofica.

Claims involving economic damages can be more complex in a wrongful death claim than in other types of personal injury cases. Any outstanding medical bills can be compensated, as can lost wages when the deceased was responsible for financially supporting a family. Lost wages in these cases can be as much as the decreased would have earned had they lived to retirement age. The deceased's job at the time of his or her death is used as the basis for determining how much this will be. Wrongful death claims also often include a non-economic damages award for emotional injury. This often takes the form of loss of companionship or emotional distress.

The statute of limitations in Utah on a wrongful death claim is only one year, as opposed to the four years usually allotted for a personal injury claim. This limit is true no matter what the cause of the accidental death, whether it's from medical malpractice, a dog bite, or an auto accident. If a case is not filed within this time period, it will be too late. Visit http://www.accidentesutah.com/utah-abogado-de-muerte-accidental to learn more about Catastrophic and accidental death.

Of course, these are only some of the things that need to be worked out when filing a wrongful death claim. To avoid potential issues down the road, it is best to consult with an attorney before filing a case. This attorney can then handle the difficult task of filing the case and handling any potential settlement offers in a way that is fair for all of the surviving heirs.