You may know that a wrongful death case involves an accidental death or one resulting from an intentional act to cause harm. While these are important factors to consider, you should also ensure you are qualified to file a claim on behalf of your deceased loved one. Before you consult a wrongful death lawyer in Louisville, read below to learn more about who can file a claim.
Are You the Personal Representative?
The first thing to consider is whether or not you are personally able to file a wrongful death claim. The claim must be filed by the deceased individual’s personal representative, which is either named in a will or chosen by the court. Typically, this is the spouse or adult children of the deceased.
Was Another Party at Fault?
You will also have to determine if the accidental death was the fault of another. This is easier to do if the individual died as the result of an intentional assault. However, if it resulted from an accident, you’ll have to show that the other party acted negligently. Your lawyer will have to prove that the defendant had a responsibility to the decedent, and that they violated that responsibility.
Has the Death Caused Financial Damages?
Finally, your wrongful death lawyer in Louisville will have to prove that the decedent’s loved ones suffered a monetary hardship as a result of the death. Some damages that can be claimed include medical expenses, funeral expenses, loss of income, loss of inheritance, and loss of consortium. Your lawyer can discuss the specific damages you can claim in your consultation.
If a loved one has died as the result of an accident, contact Winton & Hiestand Law Group, PLLC to determine if you can file a wrongful death claim.
