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Home Law

Are all state laws the same regarding wrongful deaths? 

by Miles Austine
in Law, Tips and Tricks
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Wrongful death is never something that anyone wants to deal with but in some cases, it is a terrible reality. That being said, wrongful death does have some specific laws and regulations that are required in order to deem it a wrongful death. For those that are looking for a lawyer that can help family members get compensation if a loved one dies, The Stoddard Firm is a great choice. 

What is Wrongful Death?

Wrongful death is any death that was the direct result of the negligent actions of another. This can be death that was the result of medical malpractice, a death that resulted from an accident or from the actions of another, even a car accident can qualify for wrongful death. 

That being said, wrongful death laws are pretty much the same across the board, from state to state. Though the wording and some specific restrictions may be different, for the most part, the laws for each state do mimic one another. The main difference is in the succession of the settlement money if there is any and in the overall statute of limitations that might be in place. 

For the most part, wrongful death claims are going to pay out to the children of those that have passed and to their spouse if they have one. Their property is also going to be divided by those that are left behind as is any money that might be left. In most cases, the statute of limitations is one to two years from the time of the death. This means that if you have a loved one that has passed as the result of what you feel is a wrongful death, then you need to move quickly and get the case filed as soon as possible so that the case can be heard and so that it does not fall outside of the wrongful death time frame. 

What Can Settlement Money Be Used For?

Wrongful death settlements are a fundamental thing that can help pay for medical bills, pay for the final expenses of the person that has passed, and any other expenses that were incurred as a result of the accident and the wrongful death. 

These settlements are not going to be paid out to just anyone. They are only going to be paid out those that are either the children of the person that passed, the spouse of the person that passed, or someone that is directly invested in the person that has passed. This means that you have to have some sort of vested interest in the life of the person that passed and, in their death, as well. 

This is a very serious thing; these settlements are going to be paid out in different increments depending on a few factors. These settlements are going to be larger for deaths that were more violent, they may be higher if the deceased has more dependents, the settlement may be higher if they were in the hospital before they passed, and more. Your attorney is going to be able to help you figure out what type of settlement you are going to get, they can help you answer any questions that you might have about the settlement and more. 

Your attorney can also help you to fill out any necessary paperwork, any necessary information and they can deal with the other attorneys, the insurance company, and anyone else that is involved in the case overall. It is difficult to deal with a wrongful death suit, but a great attorney can help you to get your case filed, ready, and set out so that you can get past the death and can start to heal and recover. 

With the help of a great attorney you can get your case heard, you can get it taken care of and you can get the necessary settlement that you need to start to get past the death of a loved one and to take care of any expenses that may have been part of the accident or the death. Wrongful death is a serious thing, it can be hard to prove, and it can be difficult to argue. With a good attorney however that is on your side you can fight for your settlement, and you can get the money that you need to help take care of your loved ones end of life expenses, any medical bills that might be left behind, and so much more. 

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