Losing a loved one unexpectedly is one of the most traumatic events that a person can experience in their lifetime. It’s difficult to take care of yourself with both the emotional weight and the lifestyle adjustment. If your loved one’s death was caused by another’s willful act or negligence, you might be able to charge the perpetrator for wrongful death. Depending on the circumstances, whether the individual is convicted of the crime or not, you still can successfully win a wrongful death suit.
Whether court appointed or not, only an executor or administrator may take a wrongful death suit to court. If, after six months, there is no executor or administrator to represent you and your family, all of the potential beneficiaries can unite and file a wrongful death lawsuit. In North Kingstown, the list of possible beneficiaries is immediate and distant family, life partners, financial dependents, putative spouses, or anyone else who was affected financially by the death. With a North Kingstown attorney experienced in wrongful death cases, even minors can file and receive compensation from a wrongful death lawsuit.
There is a time limit within which you can file a wrongful death claim. You have three years to file. However, this does not necessarily mean three years after the date of death. If the cause indicating wrongful death is discovered at a later date, then the statute of limitations starts from that date.
Another aspect to consider when filing a wrongful death claim is that there is a distinction between suing for compensation for your loss and suing to punish the individual or entity that caused the death. In other words, there is a difference between compensatory and putative reasons for filing. You will find more success in filing for compensation because not every case will allow suing for putative reasons.
The process of overcoming the death of a loved one takes time. In order to relieve some of the pressure of such a loss, and attain justice for your loved one, taking the rights steps in filing a wrongful death suit might be exactly what your family needs.