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Everything You Need to Know About Filing a Wrongful Death Claim

While it is rare, deaths from elevator or escalator accidents can happen. If you have a loved one who died as a result of one of these accidents, your family may be able to file a wrongful death claim. On this page, I will discuss what a wrongful death claim is and how to file it. Continue reading for more information.

What is a wrongful death claim?

A wrongful death claim is a claim made against the party that has caused the death of a person. Wrongful death situations occur when one party’s negligence or recklessness results in the death of another. For example, if a patient dies due to negligence from a doctor, then the doctor could be liable. Or, in the case of an elevator accident, if a person did not properly repair the elevator and that led to an accident.

What do you have to prove?

In order to successfully prove a wrongful death case, you need to be able to prove that the victim died as a result of the actions of the defendant. These actions didn’t have to be intentional. If a person was negligent and caused an accident, they can still be held responsible for the consequences of the accident.

Who can file this claim?

Who can file a wrongful death claim varies by state. Usually wrongful death claims are filed by a spouse but it could also be filed by family members of the person. Some states allow those who are dependent on the victim to recover damages.

How long do you have to file this claim?

The amount of time you have to file a wrongful death claim is different depending on the state you are in. The amount of time is usually between one and three years. The time that you have to file is called the “statute of limitations.”

How long does it take to file a wrongful death lawsuit?

Wrongful death lawsuits can drag on for several years. Expect that if you file such a claim, it will take at least one year to resolve.  

What types of damages are involved?

Whoever files this lawsuit could receive damages due to the wrongful death. This happens in the form of compensation. Some of these damages include money to pay for medical bills, burial expenses, compensatory damages for lost wages, compensatory damages for pain and suffering that the family members have gone through, and punitive damages that punish the person who caused the death. Some states do not allow punitive damages. 

Getting Help

Have you or someone you know suffered from an elevator injury? If so, call our office to get the support you need. You can learn more about which steps you should take next. You can call us at (203) 208-3445.

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