If a loved one has died because of a third party’s negligence, malpractice, or a product’s failure, you may be entitled to file a wrongful death claim. But because there are a lot of misconceptions about this type of case, many people hesitate to protect their rights. In some cases, those with legitimate claims lose their rights to proceed because they believe the myths. Do you know what the four most common ones are?
- Right to file a claim. Some folks believe that only a spouse or child can bring a wrongful death action. This is not true. Next of kin, such as siblings, also have this right. In some situations, even someone who had a proven financial dependence on the decedent can make a claim.
- No malice. The driver who hit the vehicle your loved one was riding in did not mean to do so. While this may be true, your right to file a claim does not depend on the other party’s intention to do harm. Instead, the fact that someone else’s negligence or wrongdoing caused the death is sufficient to make the case.
- Fairness. The insurance company will try to convince you that they will deal fairly with your family. While this might be the case, it never hurts to have a professional in the field look over the settlement agreement before you sign it.
- Putting a monetary figure on the loss of love. You may find it difficult to put a dollar value on the absence of the companionship or love your loved one provided you. It is true that there is not enough money in the world to adequately compensate you. That said, financial compensation makes it possible to pay for counseling and therapy you may need to continue your life without the companionship and love you had expected to experience.
If your family is dealing with the aftermath of a wrongful death, contact us to learn how to protect your rights.