When a person dies because of an accident, their loved ones may file a claim for wrongful death on their behalf. Wrongful death is a personal injury claim, however, it is governed by different rules. The primary area of difference is in who can file a claim on behalf of the deceased person.
The plaintiffs in a wrongful death case are the heirs of the injured person. Heirs can be any surviving immediate family members. This includes spouses, parents, and children of the deceased. In cases where there is no surviving immediate family member, the person’s heir or heirs may be more distantly related. Financially dependent step children can also be considered heirs.
Heirs are treated like a class in this type of case. This is true even if the heirs are at odds with each other. Generally, a single heir acts as representative for the group and files as the plaintiff. Any financial award granted for a wrongful death claim must be shared among the surviving heirs. While an heir can choose not to be included, they cannot be excluded against their will. Find out more info about aprender mas.
When dealing with a wrongful death claim, the determination of economic damages can be more complex than when dealing with a standard personal injury claim. Heirs can sue for the costs associated with any medical treatment the deceased received because of the accident, of course, as well as for lost wages in certain circumstances. Lost wages in these cases can be as much as the decreased would have earned had they lived to retirement age. The deceased’s job at the time of his or her death is used as the basis for determining how much this will be. Heirs can also sue for non-economic damages in wrongful death cases. Loss of companionship and emotional distress are the two most common grounds for non-economic damages.
While Utah allows people four years in which to file a regular personal injury claim, a wrongful death claim must be filed within one year. It doesn’t matter what type of injury caused the accidental death. If a case is not filed within this time period, it will be too late. Visit www.accidentesutah.com/utah-abogados-lesion-catastrofica to get more info on Catastrophic and accidental death.
Wrongful death claims can be complex for these and many other reasons. The best way to handle these issues is to seek competent legal representation. Your attorney can make sure that all the surviving heirs are treated fairly and that the case is handled in the best way possible to secure an award.
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