The law is particular on what constitutes a wrongful death, and there are specific requirements that an individual has to meet for the filing to be valid. You can consult a Rutland VT Wrongful Death Attorney to help you file a suitable lawsuit.
Continue reading the blog to understand what qualifies for wrongful death, so you can get justice for your loved one’s death.
When Is a Wrongful Death Claim Applicable?
A wrongful death claim is applicable in the following situations:
- The individual was killed due to the negligence of another person or company.
- The individual died because of some medication or medical procedure that was performed improperly.
- Someone is killed because of the defective condition of machinery or some other device used by someone else.
- The wrongful death claim is relevant in cases where an individual is killed due to a crime such as a hit and run, manslaughter, murder, etc. In these situations, the successors may sue for damages on behalf of the deceased if they qualify to make a claim.
Who Can File a Wrongful Death Claim?
- The dependents of the deceased. This includes their spouse, children, and other relatives depending on who they have been supported by, financially or otherwise.
- In situations where the person killed is a minor; parents can file a suit for wrongful death.
- In cases where a person has died while being supported by someone else, then that person will be able to file a suit for wrongful death on behalf of the deceased individual.
- The deceased individual’s estate can file a claim for damages if the deceased were the only one who controlled their property.
How to File a Wrongful Death Claim?
To file a wrongful death claim, an individual must first establish whether they fall under any categories mentioned above. This is done by filing an inventory of property that belonged to the deceased. This inventory should include details about all liquid or liquid-equivalent assets owned by them and any other assets that may have belonged to them, such as their house, vehicle, property, etc.
Next, the individual will need to file a claim for damages against the wrongdoer. The claim for damages should specify how much is being sought to cover any expense incurred by the deceased person’s dependents or estate.
The next step is to send a copy of all relevant documents to an attorney who specializes in wrongful death claims. Once they review all relevant information, they can file suit on behalf of the deceased person.
The legislation of wrongful death claims has helped countless families get justice for the death of their loved ones. However, it is essential to remember that filing a suit for damages can be very time-sensitive.