Grieving a loved one’s death is difficult. However, it’s particularly hard when the death is due to the negligence of another. One way to get justice is to hire a Wrongful Death Attorney in Columbus IN. Visit https://www.advocatelawoffices.com/ to schedule a consultation. Do all you can to protect the loved one’s family.
What Is A Wrongful Death Claim?
A lawyer will explain whether or not there is a claim. Typically, there is a claim if a person or entity is legally responsible for the death. These claims involve everything from a tunnel collapse to medical malpractice. The government, individuals and businesses can be negligent.
The time to file a lawsuit varies from state to state. In most states, wrongful death suits must be filed within two years of the negligent act. However, many states give individuals two years from the time negligence is discovered. For instance, an individual may die due to a mistake made during surgery. However, the mistake is not found until the person dies.
The Decedent’s Survivors File The Lawsuit
Usually, the executor of a victim’s estate files a lawsuit. The lawsuit is filed on behalf of those who will suffer due to the death. In most instances, these persons are immediate family members. Further, some states allow life partners and others who are financially dependent on the deceased to file a claim.
Proving The Case
A Wrongful Death Attorney in Columbus IN must prove the defendant owed the victim a duty of care. Further, the defendant failed to maintain that duty and the failure ended with the victim’s death. In addition, the attorney must prove the plaintiffs are due damages. There are economic and non-economic damages to prove. Economic damages include the loss of the victim’s income. Further, the attorney can argue the family is entitled to recover the loss of the victim’s future pension.
Non-economic damages include those for the mental pain brought on by a sudden death. Further, damages are awarded for the loss of love, nurturing and advice from a loved one. Husbands and wives are entitled to loss of consortium when a spouse dies. Loss of consortium refers to the loss of the familial relationship. Visit Alcorn Sage Schwartz & Magrath LLP for more information.
