Exercising your right to file a wrongful death claim

Nothing can bring back a loved one after an unexpected death, but there are steps that you can take as a surviving family member to hold liable parties accountable for pain and suffering, as well as financial losses. In fact, you have the right to seek compensation if the death of your loved was the result of the negligence or harmful actions of another person.

The unexpected death of a family member can result not only in emotional and mental suffering, but also in financial suffering as well. From medical bills to loss of income, there are multiple ways that this incident could impact your family. You can learn what you can do to potentially recover these losses by reaching out to an experienced Alabama attorney as soon as possible.

What will make my wrongful death claim successful?

The person appointed the representative of the decedent’s estate may file a wrongful death claim on behalf of the surviving family members. In order for this type of civil action to move forward, the following elements must be present:

  • The death of a person
  • Evidence that the negligence or wrongdoing by another person or party contributed to the death
  • Proof that surviving family members are suffering financially because of the death
  • The decedent’s estate has a personal representative

Many times, a wrongful death claim is appropriate after a fatal car or truck accident, but you may also consider this step if your loved one died due to an occupational accident or illness, medical malpractice or criminal activity, among other things.

Should you file a survival action?

In some cases, surviving family members may file a survival action. This could be a reasonable course of action for your family if you believe that your loved one suffered significant personal injury before his or her death. On behalf of that individual, you may be able to seek damages related to degree of consciousness, pain and suffering and apprehension of impending death.

The recovery your family deserves

Moving on after the death of a loved one is never easy, especially when your family is also dealing with significant financial strain. This is not an easy time, but you have the right to secure legal support as you navigate the complicated process of filing a civil claim.

If you believe that you should file a wrongful death claim after the death of a loved one, you would be wise to reach out for the help of an experienced attorney and seek a complete evaluation of your case.