Accidental Death Claims: A Complete Guide to Understanding Your Rights
Understanding Accidental Death Claims
Accidental death can happen at any time, and when it does, it leaves family and loved ones devastated. Losing someone is one of the hardest things to come to terms with. If that loss is sudden and unexpected, it can be even harder to handle. Accidental death can happen due to many reasons like a car accident, hazardous working conditions, fall, fire, or other kinds of accidents.
However, it is important to note that not all accidental deaths can be compensated. This is where accidental death claims come in. Whether you have lost a loved one to an accident or are yourself dealing with injuries from an accident, you may be entitled to financial compensation through an accidental death claim.
To pursue a claim, it is important to understand how the process works, your rights, and what to expect as you pursue your case. Here, we will give you a complete guide to accidental death claims.
Grounds for Accidental Death Claim
Grounds for accidental death claims are categorized into two: extraordinary circumstances and ordinary circumstances. Extraordinary circumstances usually involve intentional wrongdoing, criminal activity, or gross negligence. However, accidental deaths that occur under ordinary circumstances can be compensated if it can be proven that the person or company responsible for the accident was negligent in performing their duty of care.
If you are left wondering whether your accidental death case qualifies, it is best to seek professional legal counsel.
How to Pursue an Accidental Death Claim
If you have lost a loved one or are injured in an accident, the first thing you should do is seek medical attention. When you are stable, you will need to gather the necessary evidence to prove your claim. This means getting statements from healthcare providers, police reports, investigating the accident, and documenting all medical expenses and lost wages that result from the accident.
You may be thinking that you don’t need a lawyer to pursue your accidental death claim. However, this is a complicated and lengthy process, and you will need an experienced legal team to help navigate you through the process. A reputable law firm with experience in handling accidental death cases will give you the assurance of a fair settlement or verdict.
The Importance of Having an Experienced Accidental Death Lawyer
Accidental death claims require extensive knowledge of the law and legal expertise. If you decide to pursue a claim, you need to have an experienced accidental death lawyer by your side. Having an experienced lawyer means:
- They have experience with the claims process and how to build a strong case
- They have in-depth knowledge of accident laws and can help you navigate the legal process
- They will negotiate on your behalf with the insurance company to get the maximum compensation
- They have experience of trying these cases and are not afraid to go to court to get you what you deserve in case an out of court settlement is not possible
- They can help to alleviate your stress and put your mind at ease as they handle the legal aspects of your case
The Common Causes of Accidental Death
Accidents can come in different forms, and here, we have listed some of the most common types of accidental death:
Road accidents are usually the leading cause of accidental death. These accidents can happen due to many reasons like speeding, reckless driving, drunk driving, or failure to follow traffic rules.
As a driver, following the traffic rules, maintaining your vehicle properly, and driving responsibly can help in reducing the number of accidents that occur on the road.
Workplace accidents can occur due to hazardous working conditions, faulty equipment, extreme weather, or inadequate training.
Employers have a responsibility to provide employees with a safe working environment, and if they fail in this duty, they can be held liable for any accidents that happen.
Falls can occur due to hazardous walking areas, inadequate railings on stairs, or other reasons. Falls are especially common among children and the elderly, and can result in severe injuries or even death.
Medical malpractice can occur when a healthcare provider fails to provide care that meets acceptable medical standards. This can result in severe injuries or even death. Medical malpractice claims can be complicated and require the help of experienced legal counsel.
The Benefits of Pursuing an Accidental Death Claim
Compensation from an accidental death claim can help to ease your financial burden as you cope with the loss or injuries. Some of the benefits of pursuing an accidental death claim include:
- Medical expenses reimbursement
- Lost wages compensation
- Funeral and burial expenses compensation
- Pain and suffering compensation
- Future earnings compensation
- Loss of companionship and consortium compensation
FAQs About Accidental Death Claims
What is the statute of limitations for accidental death claims?
The time limit for suing someone for an accidental death claim varies from state to state. However, it is usually between one and three years from the date of the accident. To know the statute of limitations for your state, it is best to speak to an experienced accidental death lawyer.
What is the difference between wrongful death claims and accidental death claims?
Wrongful death claims and accidental death claims are similar in many ways. However, wrongful death claims are brought by the victim’s family, while accidental death claims are brought by the victim or the victim’s estate. Additionally, wrongful death claims can be filed in cases where the death was caused by intentional or criminal wrongdoing on the part of the other party.
What if the insurance company denies my accidental death claim?
If your accidental death claim is denied by the insurance company, you should contact an experienced accidental death lawyer to help you. You may be able to negotiate a settlement or file a lawsuit to get the compensation you deserve.
How long does it take to process an accidental death claim?
The time it takes to process an accidental death claim varies from case to case. It can take between a few months to several years. An experienced accidental death lawyer can guide you and provide an estimate of how long your case could take.
An accidental death can be devastating, but having the right legal team by your side can help to ease the burden. Pursuing an accidental death claim can be a challenging process, but with the right representation, you can get the compensation you deserve. If you have lost a loved one or sustained injuries in an accident, don’t hesitate to seek the help of an experienced accidental death lawyer.